Regulating Preventive Justice

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Regulating Preventive Justice

Author : Tamara Tulich,Rebecca Ananian-Welsh,Simon Bronitt,Sarah Murray
Publisher : Routledge
Page : 254 pages
File Size : 40,7 Mb
Release : 2017-01-20
Category : Law
ISBN : 9781317218555

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Regulating Preventive Justice by Tamara Tulich,Rebecca Ananian-Welsh,Simon Bronitt,Sarah Murray Pdf

Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University

Preventive Justice

Author : Andrew Ashworth,Lucia Zedner
Publisher : OUP Oxford
Page : 310 pages
File Size : 53,5 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191021046

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Preventive Justice by Andrew Ashworth,Lucia Zedner Pdf

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Regulating Preventive Justice

Author : Tamara Tulich,Rebecca Ananian-Welsh,Simon Bronitt,Sarah Murray
Publisher : Taylor & Francis
Page : 232 pages
File Size : 42,5 Mb
Release : 2017-01-20
Category : Law
ISBN : 9781317218562

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Regulating Preventive Justice by Tamara Tulich,Rebecca Ananian-Welsh,Simon Bronitt,Sarah Murray Pdf

Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University

Preventive Justice and the Power of Policy Transfer

Author : J. Ogg
Publisher : Springer
Page : 253 pages
File Size : 45,5 Mb
Release : 2015-05-25
Category : Law
ISBN : 9781137495020

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Preventive Justice and the Power of Policy Transfer by J. Ogg Pdf

As policy-makers look first (and easily) for existing policy solutions which could be adapted from elsewhere, policy transfer becomes increasingly central to policy development. This book explores whether policy transfer in 'everyday' policy-making may be unintentionally creating a system of preventive justice.

Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice

Author : Centre for Social Development and Humanitarian Affairs (United Nations),United Nations
Publisher : New York : United Nations
Page : 292 pages
File Size : 53,6 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029958611

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Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice by Centre for Social Development and Humanitarian Affairs (United Nations),United Nations Pdf

Part Two. HUMAN RIGHTS

Prevention and the Limits of the Criminal Law

Author : Andrew Ashworth,Lucia Zedner,Patrick Tomlin
Publisher : OUP Oxford
Page : 320 pages
File Size : 43,6 Mb
Release : 2013-01-31
Category : Law
ISBN : 9780191630750

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Prevention and the Limits of the Criminal Law by Andrew Ashworth,Lucia Zedner,Patrick Tomlin Pdf

Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

The Regulation and Prevention of Economic Crime Internationally

Author : Jonathan Reuvid
Publisher : Unknown
Page : 256 pages
File Size : 45,9 Mb
Release : 1995
Category : Business & Economics
ISBN : UOM:39015035012981

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The Regulation and Prevention of Economic Crime Internationally by Jonathan Reuvid Pdf

Underpinned by drug trafficking - the power base of organized crime, economic crime undermines the commercial effectiveness of the capital free-market, by shattering the integrity of financial institutions, commercial establishments and even governments. This white-collar crime is the inevitable concomitant of business, trade and commerce, and has long been an under-researched phenomenon.

Restorative Justice & Responsive Regulation

Author : John Braithwaite
Publisher : Oxford University Press, USA
Page : 334 pages
File Size : 55,6 Mb
Release : 2002
Category : Business & Economics
ISBN : 9780195158397

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Restorative Justice & Responsive Regulation by John Braithwaite Pdf

Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

Criminal Justice: A Very Short Introduction

Author : Julian V. Roberts
Publisher : OUP Oxford
Page : 144 pages
File Size : 42,9 Mb
Release : 2015-08-27
Category : Law
ISBN : 9780191025877

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Criminal Justice: A Very Short Introduction by Julian V. Roberts Pdf

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.

Handbook on Restorative Justice Programmes

Author : Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime
Publisher : United Nations Publications
Page : 0 pages
File Size : 50,9 Mb
Release : 2006
Category : Law
ISBN : 9211337542

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Handbook on Restorative Justice Programmes by Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime Pdf

The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

Regulating and Combating Money Laundering and Terrorist Financing

Author : Nkechikwu Valerie Azinge-Egbiri
Publisher : Routledge
Page : 159 pages
File Size : 45,7 Mb
Release : 2021-03-01
Category : Business & Economics
ISBN : 9781000351750

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Regulating and Combating Money Laundering and Terrorist Financing by Nkechikwu Valerie Azinge-Egbiri Pdf

This book analytically reviews the impact of the global anti-money laundering and counter-terrorist financing (AML/CFT) framework on the compliance trajectory of a number of jurisdictions to this framework. The work begins by examining the international financial sector reform and its evolution to inculcate the global framework for AML/CFT regulations. It challenges the resulting uniform AML/CFT due to its paradoxical impact on the compliance trajectory of African countries and emerging economies (ACs/EEs). This is done through an examination of the pre-conditions for effective regulation and compliance drivers for ACs/EEs that reveals the behavioural impact of the AML/CFT standards on the bloc of countries. Through the application of agency theory, it explores the relationship between ACs/EEs on the one hand and the international financial institutions that formulate, disseminate and facilitate compliance with the global framework for AML/CFT standards on the other. The remaining chapters review empirically the compliance pressures and resulting compliance trajectory of ACs/EEs with the AML/CFT standards. The final part of the book provides a detailed explanation of the compliance challenges of ACs/EEs and the legitimacy concerns that facilitate this. This book offers a new direction on the impact of global AML/CFT standards on ACs/EEs and contributes to the understanding of the conditions under which the global standards are likely to facilitate proactive compliance within these blocs of countries. As such it will be a valuable resource for academics, researchers and policy-makers working in this area.

FinTech, Artificial Intelligence and the Law

Author : Alison Lui,Nicholas Ryder
Publisher : Routledge
Page : 206 pages
File Size : 50,7 Mb
Release : 2021-07-29
Category : Business & Economics
ISBN : 9781000412666

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FinTech, Artificial Intelligence and the Law by Alison Lui,Nicholas Ryder Pdf

This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.

Juvenile Crime, Juvenile Justice

Author : Institute of Medicine,National Research Council,Commission on Behavioral and Social Sciences and Education,Board on Children, Youth, and Families,Committee on Law and Justice,Panel on Juvenile Crime: Prevention, Treatment, and Control
Publisher : National Academies Press
Page : 405 pages
File Size : 47,8 Mb
Release : 2001-06-05
Category : Law
ISBN : 9780309172356

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Juvenile Crime, Juvenile Justice by Institute of Medicine,National Research Council,Commission on Behavioral and Social Sciences and Education,Board on Children, Youth, and Families,Committee on Law and Justice,Panel on Juvenile Crime: Prevention, Treatment, and Control Pdf

Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.

Invisible Crimes

Author : Pamela Davies,Peter Francis,Victor Jupp
Publisher : Springer
Page : 258 pages
File Size : 40,9 Mb
Release : 2016-07-27
Category : Social Science
ISBN : 9781349276417

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Invisible Crimes by Pamela Davies,Peter Francis,Victor Jupp Pdf

Invisible Crimes is an edited volume containing a collection of articles from a distinguished panel of academics. The book explores many features of 'invisible' crimes and in doing so provides numerous examples of hidden crimes and victimisations. The book will be invaluable to students of criminology at both undergraduate and postgraduate level. It will also inspire academics from a range of disciplines to update, rewrite and offer new courses on neglected crimes and victimisations.

Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Author : Lucia Zedner,Julian V. Roberts
Publisher : OUP Oxford
Page : 1652 pages
File Size : 51,5 Mb
Release : 2012-08-16
Category : Law
ISBN : 9780191639500

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Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth by Lucia Zedner,Julian V. Roberts Pdf

Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.