Download or read book Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

Download or read book Bad Law written by John Reilly and published by Rocky Mountain Books Ltd. This book was released on 2019-10 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of Bad Medicine and its sequel Bad Judgment comes a wide-ranging, magisterial summation of the years-long intellectual and personal journey of an Alberta jurist who went against the grain and actually learned about Canada's indigenous people in order to become a public servant."Probably my greatest claim to fame is that I changed my mind," writes John Reilly in this broadly cogent interrogation of the Canadian justice system. Building on his previous two books, Reilly acquaints the reader with the ironies and futilities of an approach to justice so adversarial and dysfunctional that it often increases crime rather than reducing it. He examines the radically different indigenous approach to wrongdoing, which is restorative rather than retributive, founded on the premise that people are basically good and wrongdoing is the aberration, not that humans are essentially evil and have to be deterred by horrendous punishments. He marshalls extensive evidence, including an historic 19th-century US case that was ultimately decided according to Sioux tribal custom, not US federal law.And then he just comes out and says it: "My proposition is that the dominant Canadian society should scrap its criminal justice system and replace it with the gentler, and more effective, process used by the indigenous people."Punishment; deterrence; due process; the socially corrosive influence of anger, hatred and revenge; sexual offences; the expensive futility of "wars on drugs"; the radical power of forgiveness--all of that and more gets examined here. And not in a bloodlessly abstract, theoretical way, but with all the colour and anecdotal savour that could only come from an author who spent years watching it all so intently from the bench.

Download or read book Due Process and Victims Rights written by Kent Roach and published by University of Toronto Press. This book was released on 1999-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.

Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Download or read book Rethinking Gender Crime and Justice written by Claire M. Renzetti and published by . This book was released on 2006 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents essays that cover a range of topics of interest to those who study women, crime, and criminal justice. This book demonstrates how our notions of gender, race, and class influence both how society defines crime and how offenders commit crimes and are treated for their actions. It includes a variety of national and global perspectives.

Download or read book Rethinking What Works with Offenders written by Stephen Farrall and published by Routledge. This book was released on 2013-10-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important and original new book reports on a major investigation of the outcomes of probation supervision, is concerned with the key question of what works in probation, and comes at an important moment of change and development for the probation service in the UK. Unlike previous studies which have relied mostly on official data, this book makes use of over 200 interviews with men and women on probation, and their supervising Probation Officers. Rethinking What Works with Offenders has the following objectives: to understand probation work from the perspectives of those who deliver it and those to whom it is delivered to study probation intervention as a whole (in particular the probation order) rather than specific aspects to locate probation work in the wider social contexts of those on probation to analyse how probation works, and to reconceptualise probation outcomes in terms of degrees of success rather than as 'successful' or 'unsuccessful' to assess the policy implications of these conclusions This book presents an important and challenging range of findings on 'what works' in probation and with offenders, and will be essential reading for anybody professionally concerned with the present and future of probation. raises central issues at a critical time for the reorganised National Probation Servicebased on extensive research, including 200+ interviewsessential reading for anybody interested in 'what works' in probation

Download or read book Access to Criminal Justice written by Richard P. Young and published by . This book was released on 1996 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the legal aid system is facing a major overhaul, this book draws attention to the potential and limits of legal aid for achieving criminal justice for defendants. In bringing together 16 experienced writers and researchers who are prominent in this field, it takes the readerbeyond the hitherto narrow discussion over legal aid, and demonstrates its importance in defending liberty and achieving justice. By drawing on empirical research findings and socio-legal analysis, the authors explore the reasons why legally-aided lawyers have failed, by and large, to turn thetheories that underlie legal aid into a practical reality. The book also shows that legal aid can at least be used to ameliorate the injustice of the criminal process itself, however, to do so the potential for criminal justice within the existing system needs to be exploited to the full.

Download or read book Rethinking Juvenile Justice written by Elizabeth S Scott and published by Harvard University Press. This book was released on 2009-06-30 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.

Download or read book Racialization Crime and Criminal Justice in Canada written by Wendy Chan and published by University of Toronto Press. This book was released on 2014-04-29 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Race still matters in Canada, and in the context of crime and criminal justice, it matters a lot. In this book, the authors focus on the ways in which racial minority groups are criminalized, as well as the ways in which the Canadian criminal justice system is racialized. Employing an intersectional analysis, Chan and Chunn explore how the connection between race and crime is further affected by class, gender, and other social relations.The text covers not only conventional topics such as policing, sentencing, and the media, but also neglected areas such as the criminalization of immigration, poverty, and mental illness.

Download or read book Criminal Law written by Markus Dubber and published by Oxford University Press. This book was released on 2014-03 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.

Download or read book Ministry of Justice Code of Practice for Victims of Crime written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2013-10-29 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Code of Practice for Victims of Crime forms a key part of the wider Government strategy to transform the criminal justice system by putting victims first, making the system more responsive and easier to navigate. Victims of crime should be treated in a respectful, sensitive and professional manner without discrimination of any kind. They should receive appropriate support to help them, as far as possible, to cope and recover and be protected from re-victimisation. It is important that victims of crime know what information and support is available to them from reporting a crime onwards and who to request help from if they are not getting it. This Code sets out the services to be provided to victims of criminal conduct by criminal justice organisations in England and Wales. Criminal conduct is behaviour constituting a criminal offence under the National Crime Recording Standard. Service providers may provide support and services in line with this Code on a discretionary basis if the offence does not fall under the National Crime Recording Standard (NCRS) (see the glossary of key terms found at the end of this Code). Non-NCRS offences include drink driving and careless driving. This Code also sets a minimum standard for these services. Criminal justice organisations can choose to offer additional services and victims can choose to receive services tailored to their individual needs that fall below the minimum stand

Download or read book Rethinking Domestic Violence written by Donald G. Dutton and published by UBC Press. This book was released on 2011-01-01 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Domestic Violence is the third in a series of books by Donald Dutton critically reviewing research in the area of intimate partner violence (IPV). The research crosses disciplinary lines, including social and clinical psychology, sociology, psychiatry, affective neuropsychology, criminology, and criminal justice research. Since the area of IPV is so heavily politicized, Dutton tries to steer through conflicting claims by assessing the best research methodology. As a result, he comes to some very new conclusions. These conclusions include the finding that IPV is better predicted by psychological rather than social-structural factors, particularly in cultures where there is relative gender equality. Dutton argues that personality disorders in either gender account for better data on IPV. His findings also contradict earlier views among researchers and policy makers that IPV is essentially perpetrated by males in all societies. Numerous studies are reviewed in arriving at these conclusions, many of which employ new and superior methodologies than were available previously. After twenty years of viewing IPV as generated by gender and focusing on a punitive "law and order" approach, Dutton argues that this approach must be more varied and flexible. Treatment providers, criminal justice system personnel, lawyers, and researchers have indicated the need for a new view of the problem -- one less invested in gender politics and more open to collaborative views and interdisciplinary insights. Dutton’s rethinking of the fundamentals of IPV is essential reading for psychologists, policy makers, and those dealing with the sociology of social science, the relationship of psychology to law, and explanations of adverse behaviour.

Download or read book Rethinking Policing and Justice written by Laura Huey and published by Routledge. This book was released on 2024-10-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Policing and Justice critically examines the role of policing (both state and non-state forms) in the provision of justice (and injustice). It also shows a variety of theoretical, methodology, and other approaches for the critical evaluation of law enforcement, highlighing different insights into alternative modes o

Download or read book Breaking the Pendulum written by Philip Russell Goodman and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps debunk the pendulum model of American criminal justice, arguing that it distorts how and why punishment changes. From the birth of the penitentiary through recent reforms, the authors show how the struggle of players in the penal field shapes punishment.

Download or read book Contemporary Criminological Issues written by Carolyn Côté-Lussier and published by University of Ottawa Press. This book was released on 2020-05-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Criminological Issues tackles some of today’s most pressing social issues, from the criminalization of Indigenous peoples to interpersonal violence, border control, and armed conflicts. This book advances cutting-edge theories and methods, with the aim of moving beyond the scholarship that reproduces insecurity and exclusion. The breadth of approaches encompasses much of the current critical criminological scholarship, serving as a counterpoint to the growth of managerial and administrative criminologies and the rise of explicitly exclusionary and punitive state policies and practices with respect to ‘crime’ and ‘security.’ This edited collection featuring two books, one in English and one in French, includes important contributions to knowledge and public policy by eminent experts and emerging scholars. This book is published in English.

Download or read book The Persistent Prison written by Maeve Winifred McMahon and published by University of Toronto Press. This book was released on 1992-01-01 with total page 1232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Prison system is widely believed to be an immutable element of contemporary society. Many criminologists and sociologists of deviance believe that decarceration movements have failed to yield progressive reform, and that feasible alternatives to the prison system do not exist. Maeve McMahon challenges these views. Reconstructing the emergence of critical perspectives on decarceration, she examines analytical and empirical problems in the research. She also points out how indicators of community programs and other penalties serving as alternatives to prison have typically been overshadowed through critical focus on their effects in 'widening the net' of control. McMahon presents a detailed analysis of decreasing imprisonment, and of the part played by alternatives in this, during the postwar period in Ontario. Drawing from extensive documentary research, and from interviews with former correctional officials, she charts the changing climates of opinions, and socio-economic factors, which facilitated decarceration. By situating her analysis in the context of theoretical and political arguments about the possibility of decarceration, McMahon provides in her work a stimulus to the development of progressive penal politics not just in Canada, but in all western countries.

Download or read book Crime Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.