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Author : Frederick Bridges
Publisher : Unknown
Page : 50 pages
File Size : 54,6 Mb
Release : 1860
Category : Electronic
ISBN : OXFORD:590115800
Author : Donald A. Dripps
Publisher : Foundation Press
Page : 1000 pages
File Size : 48,8 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 : Morris Manning,Peter Sankoff
Publisher : Unknown
Page : 1466 pages
File Size : 51,6 Mb
Release : 2015
Category : Criminal law
ISBN : 0433475625
Author : Law Commission of Canada
Publisher : UBC Press
Page : 228 pages
File Size : 41,6 Mb
Release : 2004
Category : Law
ISBN : 0774810874
We all have notions of what it means to commit a crime. Most of us are very much aware of the behaviours which, by law, constitute crime. Rarely, however, do we stop to consider why certain activities and behaviours are deemed criminal and others are not. A brilliant and provocative volume, What Is A Crime? forces us to reconsider both how we define criminal conduct in contemporary society, and how we respond to it once it has been identified. Drawing from diverse scholarly traditions -- including law, sociology, criminology and socio-legal studies -- contributors to this collection reflect on the processes of defining crime, and consider the varied and complex implications of our decisions to criminalize certain unwanted behaviour. Employing various case studies, the contributors reflect on the social processes that inform definitions of crime, criminal law, and its enforcement, while illuminating the subjective nature of crime and questioning the role of law in dealing with complex social issues. Collectively, the authors provide a critical dialogue on law and governance in contemporary society. What Is A Crime? will be of interest to a broad spectrum of readers with an interest in the governance of crime and its control in contemporary society. Students and scholars of law, sociology, political science, philosophy, and criminology will find this book invaluable in furthering their understanding of the processes of defining and responding to crime and criminal behaviour. It will also hold sway with policymakers, criminal justice practitioners, and anyone with a stake in our current approaches to crime.
Author : Jonathan Simon
Publisher : Oxford University Press
Page : 341 pages
File Size : 43,7 Mb
Release : 2007-02-03
Category : History
ISBN : 9780195181081
Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal?In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime.This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.
Author : ALAN D. GOLD
Publisher : Unknown
Page : 128 pages
File Size : 40,8 Mb
Release : 2020
Category : Electronic
ISBN : 043350580X
Author : Abel Polese,Alessandra Russo,Francesco Strazzari
Publisher : Springer
Page : 372 pages
File Size : 41,5 Mb
Release : 2019-03-29
Category : Political Science
ISBN : 9783030050399
This volume explores the continuous line from informal and unrecorded practices all the way up to illegal and criminal practices, performed and reproduced by both individuals and organisations. The authors classify them as alternative, subversive forms of governance performed by marginal (and often invisible) peripheral actors. The volume studies how the informal and the extra-legal unfold transnationally and, in particular, how and why they have been/are being progressively criminalized and integrated into the construction of global and local dangerhoods; how the above-mentioned phenomena are embedded into a post-liberal security order; and whether they shape new states of exception and generate moral panic whose ultimate function is regulatory, disciplinary and one of crafting practices of political ordering.
Author : Christie Jefferson,Canada. Solicitor General Canada,Canada. Aboriginal Corrections Policy Unit
Publisher : Unknown
Page : 213 pages
File Size : 49,9 Mb
Release : 1994
Category : Indians of North America
ISBN : 0662224515
This document, originally written in 1978, is a comprehensive report on the traditional forms of justice among Aboriginal peoples across Canada and the impact that western settlement had on those systems. It begins with a chapter on traditional justice among the Micmac and Naskapi. Part 2 covers the struggle for power as Europeans invaded traditional Aboriginal lands, and includes descriptions of civilizations & traditional justice of the First Nations of the central regions (Ojibwe, Iroquois, Huron). Part 3 covers traditional & European justice in the British colonial period, 1763-1867. Part 4 reviews the effect of Canadian legislation on Native peoples after Confederation, especially in the western provinces, and the numerous rebellions & protest actions against injustice. The final part covers the period from the granting of the unconditional franchise to Aboriginal peoples and the various movements for Aboriginal rights and a reformed justice system.
Author : Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen
Publisher : Routledge
Page : 127 pages
File Size : 52,8 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 : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 40,7 Mb
Release : 2018-12-21
Category : Law
ISBN : 9781487530594
A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Author : Marie-Eve Sylvestre,Nicholas Blomley,Céline Bellot
Publisher : Cambridge University Press
Page : 281 pages
File Size : 48,6 Mb
Release : 2020-01-02
Category : Law
ISBN : 9781107184237
Examines the court-imposed territorial restrictions and bail and sentencing conditions that are increasingly issued in criminal proceedings. This will interest academics in law, socio-legal studies, urban studies, geography, and criminology and be of use to policy-makers and practitioners working in criminal procedure and court reform.
Author : John Pratt
Publisher : Federation Press
Page : 228 pages
File Size : 54,5 Mb
Release : 1997
Category : Law
ISBN : 1862872678
Explains how dangerousness first became an object of penological discourse and why it has since remained so. Draws on material from Australia, New Zealand, England, the United States, and Canada.
Author : Seymour Frederick Harris,Frederic Philip Tomlinson
Publisher : Legare Street Press
Page : 0 pages
File Size : 46,8 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1020097035
This concise yet comprehensive guide to the criminal law of England provides an authoritative overview of the legal principles governing this complex area of law. The book covers everything from the basics of criminal law to the intricacies of criminal procedure, summary convictions, and sentencing. Whether you are a law student, practitioner, or interested layperson, this book is an essential resource for understanding the legal framework governing criminal law in England. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Mark Findlay
Publisher : Willan
Page : 301 pages
File Size : 42,9 Mb
Release : 2013-05-13
Category : Social Science
ISBN : 9781134007073
Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.
Author : United States. Law Enforcement Assistance Administration
Publisher : Unknown
Page : 430 pages
File Size : 47,8 Mb
Release : 1975
Category : Criminal procedure
ISBN : UOM:39015047751691
