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Author : MICHAEL. DAVIES
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2020
Category : Electronic
ISBN : 0433503696
Author : Don Stuart
Publisher : Unknown
Page : 692 pages
File Size : 46,9 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134517205
"The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified."--Pub. desc.
Author : Noel Cross
Publisher : SAGE
Page : 241 pages
File Size : 46,7 Mb
Release : 2009-12-09
Category : Social Science
ISBN : 9781446248195
This accessible text enables criminology and criminal justice students to understand and critically evaluate criminal law in the context of criminal justice and wider social issues. The book explains criminal law comprehensively, covering both general principles and specific types of criminal offences. It examines criminal law in its social context, as well as considering how it is used by the criminal justice processes and agencies which enforce it in practice. Covering all the different theoretical approaches that the student of criminology and criminal justice will need to understand, the book provides learning tools such as: -chapter objectives - making the structure of the book easy to follow for students -questions for discussion and student exercises - helping students to think critically about the ideas and concepts in each chapter, and to undertake further independent and reflective study -′definition boxes′ explaining key concepts - helping students who are not familiar with specialist criminal law terminology to understand what the key basic concepts in criminal law really mean in practice -a companion Website which incorporates a range of resources for lecturers and students.
Author : David Perrier,Joel E. Pink
Publisher : Thomson Carswell
Page : 738 pages
File Size : 45,8 Mb
Release : 2003
Category : Criminal justice, Administration of
ISBN : 0459283375
Author : Richard Jochelson,Kirsten Johnson Kramar,Mark Doerksen
Publisher : Unknown
Page : 124 pages
File Size : 47,7 Mb
Release : 2014
Category : Law
ISBN : 1552666840
In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.
Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 51,8 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author : Sherri Davis-Barron
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2015-08
Category : Electronic
ISBN : 043347470X
Author : Donald A. Dripps
Publisher : Foundation Press
Page : 1000 pages
File Size : 47,7 Mb
Release : 2020-06-22
Category : Electronic
ISBN : 1684677831
This casebook on investigative criminal procedure takes a fresh and uniquely contemporary doctrinal approach. It begins with enough history to enable students to follow the historical arguments that pervade the Supreme Court's great landmarks. Those landmarks receive extensive coverage. Scholarly lower-court opinions, however, often are used as force-multipliers, to synthesize and apply the ever-growing Supreme Court case law. Many of these opinions arose from civil actions, illustrating Section 1983 litigation even before the extensive chapter on constitutional remedies. That chapter deals with the exclusionary rule, but also with 1983 and Bivens suits. Institutional reform injunctions--the most dramatic development in the field in decades--receive extensive treatment. Brief but detailed Notes introduce pertinent academic literature, including empirical findings on stop-and-frisk and institutional reform injunctions, systemic feedback loops, the philosophical basis of the privilege against self-incrimination, and the role of race--past and present--in the law of criminal procedure. Prior books emphasize the Supreme Court's decisions applying the constitutional exclusionary rules. This understandable focus comes at a price. Too little attention is paid to the origins of our constitutional rights or to remedies for institutional violence as distinct from invasions of privacy. The prevailing focus on the e-rule risks devoting the whole course to only part (admittedly a very important part) of the law.
Author : LEE. TUSTIN
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2022
Category : Electronic
ISBN : 0433518588
Author : Julian V. Roberts
Publisher : OUP Oxford
Page : 144 pages
File Size : 51,6 Mb
Release : 2015-08-27
Category : Law
ISBN : 9780191025877
The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author : Noel Cross
Publisher : Routledge
Page : 220 pages
File Size : 50,7 Mb
Release : 2020-03-09
Category : Law
ISBN : 9780429884610
Criminal Law for Criminologists uses theoretical and practical research to bridge the gap between ‘the law in the books’ (criminal law doctrine) and ‘the law in action’ (criminal justice process). It introduces the key policies and principles that drive criminal law in England and then explains the law itself in terms of relevant statute and case law. Starting with an outline of the basic principles and theories of criminal law and criminal justice, the author goes on to discuss: Criminal law and criminal justice in historical perspective, General principles of criminal law, including actus reus and mens rea, Specific types of criminal offence, including property, homicide, sexual, public order and drug offences, An overview of defences to crime, An appendix outlining essential legal skills. In examining the links between the worlds of criminal law and criminal justice, Criminal Law for Criminologists brings a fresh perspective to this field of research. Written in a clear and direct style, this book will be essential reading for students of criminology, criminal justice, law, cultural studies, social theory, and those interested in gaining an introduction to criminal law.
Author : Kai Ambos,Antony Duff,Alexander Heinze,Julian Roberts,Thomas Weigend
Publisher : Cambridge University Press
Page : 475 pages
File Size : 47,7 Mb
Release : 2022-02-17
Category : Law
ISBN : 9781316510544
Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.
Author : Francois Tanguay-Renaud,James Stribopoulos
Publisher : Bloomsbury Publishing
Page : 334 pages
File Size : 45,9 Mb
Release : 2012-01-10
Category : Law
ISBN : 9781847319036
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
Author : Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen
Publisher : Routledge
Page : 127 pages
File Size : 40,8 Mb
Release : 2017-07-06
Category : Social Science
ISBN : 9781351678636
In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.
Author : Ngaire Naffine
Publisher : Bloomsbury Publishing
Page : 357 pages
File Size : 55,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509918027
Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power.