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The Power to Criminalize by Elizabeth Comack,Gillian Balfour Pdf
"Law's power to criminalize -- to turn a person into a criminal -- is formidable. Traditional legal doctrine argues that law dispenses justice in an impartial and unbiased fashion. Critical legal theorists claim that law reproduces gender, race and class inequalities. The Power to Criminalize offers an analysis that acknowledges the tensions between these two views of law. Drawing from crown attorneys' files on violent crime cases and interviews with defence lawyers, the authors reveal the complex ways in which discourses of masculinity, femininity, race, class and social space inform the strategies used to litigate these cases. This analysis raises questions about the prospects of challenging law to realize a more just society."--Pub. website.
Criminalizing Women by Gillian Balfour,Elizabeth Comack Pdf
Criminalizing Women introduces readers to the key issues addressed by feminists engaged in criminology research over the past four decades. Chapters explore how narratives that construct women as errant females, prostitutes, street gang associates and symbols of moral corruption mask the connections between women s restricted choices and the conditions of their lives."
This book is intended to provide critical readings for criminology courses. The authors all see crime as both a social and a political process. That is, what comes to be defined as criminal, how society responds to crime and why individuals become entangled in the criminal justice system are often the result of individual and systemic social inequalities. That is crime and the CJS both produce and reproduce class, race and gender inequalities in society. The chapters in this book take up a number of empirical, theoretical and substantive issues in criminology and mostly focus on Canada. These include wrongful convictions (which are most likely to ensnare people who are on the margin of society), how the police and other representatives of the CJS operate within an institutional and cultural context that, by and large, sees racialized Canadians as most likely to be criminal, that youth crime is really a criminalization of young people who are poor and Indigenous, as well as connecting terrorism to the dynamics of neoliberal capitalism, among others.
United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security Publisher : Unknown Page : 168 pages File Size : 41,5 Mb Release : 2010 Category : Law ISBN : UOM:39015090381750
Over-criminalization of Conduct by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security Pdf
This book consists of a fundamental deconstruction and reconstruction of the key concepts of Criminology and The Sociology of Law, providing a coherent expression of the relationships between these newly constructed concepts and thus a radically new statement of the relationship between society, crime and the law.
The Criminalization of a Woman's Body by Clarice Feinman Pdf
This groundbreaking book addresses the ominous trend of introducing and passing laws and court decisions regulating the actions of women and the control of their bodies. One of the few books published on the criminalization of women’s bodies, this timely book takes a serious look at the effect these laws would have on women and the threat to their autonomy, privacy, and control; their bodily integrity; control over reproductive capacities; and their constitutional rights. From ancient literature to the literature and law of contemporary society, a woman’s value has often rested on her fulfilling expected roles as wife and mother. The lack of respect for women inherent in this predominantly male-oriented line of thinking is reinforced in this new trend of legislation and court decisions attempting to regulate women’s behavior and reproductive capacity. The Criminalization of a Woman’s Body thoroughly discusses these special laws governing women’s personal choices and the threats these laws and court decisions pose to women’s autonomy and constitutional rights. Scholars from Israel, Italy, and the United States provide a multidimensional discussion of the problem facing women in many, if not all, countries. Contributors represent various disciplines including, law, philosophy, medicine, political science, sociology, women’s studies, and criminal justice. Articles analyze sensitive issues surrounding abortion and its impending criminalization in several countries; controversial topics on contract motherhood; the power of administrative agencies to control and informally criminalize pregnant women and new mothers; policies meant to protect the fetus from pregnant women who deviate from medically, socially, and legally sanctioned behavior which may deter women from seeking any medical care; and the destruction of families due to the criminalization of pregnant women and new mothers and the consequent removal of their children and placement into foster care. Professors, students, librarians, agency workers dealing with women’s issues, and women and men in the general public will find this important book a helpful tool in sorting through the complex issues on criminalizing women’s bodies.
Police, Power, and the Production of Racial Boundaries by Ana Muñiz Pdf
Based on five years of ethnography, archival research, census data analysis, and interviews, Police, Power, and the Production of Racial Boundaries reveals how the LAPD, city prosecutors, and business owners struggled to control who should be considered “dangerous” and how they should be policed in Los Angeles. Sociologist Ana Muñiz shows how these influential groups used policies and everyday procedures to criminalize behaviors commonly associated with blacks and Latinos and to promote an exceedingly aggressive form of policing. Muñiz illuminates the degree to which the definitions of “gangs” and “deviants” are politically constructed labels born of public policy and court decisions, offering an innovative look at the process of criminalization and underscoring the ways in which a politically powerful coalition can define deviant behavior. As she does so, Muñiz also highlights the various grassroots challenges to such policies and the efforts to call attention to their racist effects. Muñiz describes the fight over two very different methods of policing: community policing (in which the police and the community work together) and the “broken windows” or “zero tolerance” approach (which aggressively polices minor infractions—such as loitering—to deter more serious crime). Police, Power, and the Production of Racial Boundaries also explores the history of the area to explain how Cadillac-Corning became viewed by outsiders as a “violent neighborhood” and how the city’s first gang injunction—a restraining order aimed at alleged gang members—solidified this negative image. As a result, Muñiz shows, Cadillac-Corning and other sections became a test site for repressive practices that eventually spread to the rest of the city.
Based on interviews with 24 women incarcerated in a Canadian provincial prison for a range of offenses, this book examines the experiences of these women and the factors that influenced their criminal behaviour. The first chapter addresses the issue of how to situate women's law violations and discusses the theoretical framework of the study. Four of the women's stories are introduced to explore the benefits of beginning with women's own accounts of their troubles with the law. The author notes that her approach combines socialist feminism and standpoint feminism. While socialist feminism incorporates an analysis of the structural features that impact women's lives (capitalism, patriarchy, and racism), standpoint feminism provides a way of approaching how those structures are worked out in women's everyday experiences. The chapter concludes with a discussion of why abuse has been chosen as the primary factor for understanding the lives of the women in the prison. The second chapter focuses on the women's histories of abuse. The discussion is divided into two parts : childhood experiences and experiences as adults. Each part uses the women's stories to reveal the various forms that abuse has taken. Chapter Three considers the ways in which the women's law violations connect with their abuse experiences, followed by a chapter that concentrates on the women's experiences of prison. Using the women's own accounts as a guide, the author examines whether or not the experience of prison enables the women to resolve their troubles. Prison can be interpreted as a reinforcement, and deepening, of the oppression that has pervaded their lives. Many, however, report that the corrections system has provided resources and direction for addressing their problems.
The Right Not to be Criminalized by Dennis J. Baker Pdf
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
Criminalization of Activism by Valeria Vegh Weis Pdf
Criminalization of Activism draws on a multiplicity of perspectives and case studies from the Global South and the Global North to show how protest has been subject to processes of criminalization over time. Contributors include scholars and activists from different disciplinary backgrounds, with a balance between authors from the Global North and the Global South. An introduction frames the topic within critical criminology, while also highlighting the possible disciplinary approaches and definitions of criminalization of resistance/activism. The editor also investigates the particularities of the current times in comparison to dynamics of criminalization in prior stages of capitalism. Bringing together a range of criminalization themes into a single volume, compromising historical criminology, Indigenous studies, gender studies, critical criminology, southern criminology and green criminology, it will be of great interest to scholars and students of criminology, social movement theory and social sciences, as well as those involved in activism and with a stand against criminalization.
The Right Not to be Criminalized by Dennis J. Baker Pdf
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized.
The Triggering Procedure of the International Criminal Court by Héctor Olásolo Pdf
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
State, Power, Crime by Roy Coleman,Joe Sim,Steve Tombs,David Whyte Pdf
′Following the outstanding introduction by the authors there are fifteen excellent original articles devoted to an integrated theory of the relationship between the state and crime. This work is on the cutting edge of critical criminology. It is a must read.′ - William J. Chambliss, Professor of Sociology, The George Washington University, USA. ′This book is a superb compilation of original papers by an impressive roster of authors. While the articles cover a wide range of empirical issues, from Northern Ireland and corporate crime to youth crime and heterosexual hegemony they all explore the implications, strategies and mechanisms of state power. There isn′t a weak paper here: all are extensively documented, well written, persuasive and scholarly in the very best sense.′ - Professor Laureen Snider, Queens University, Canada ′State, Power, Crime is a hugely important book for these times. Bringing together some of the most original minds in criminology it offers a critical analysis of the state, how it constructs crime, responds to it and, at times, engages in the very same. The book is essential reading for anyone interested in justice, freedom and equality.′ - Paddy Rawlinson, London School of Economics Featuring contributions by many of the leading scholars in the field, this seminal text explores the key themes and debates on state power today, in relation to crime and social order. It critically evaluates a range of substantive areas of criminological concern, including terrorism, surveillance, violence and the media. State, Power, Crime provides: "historical overviews of key theories about state power " assessment of the relationship between crime, criminal justice and the state " analysis of the development of law and order policy " discussion of the impact of structural fissures such as gender, race and sexuality " an overview of current research and writing " critical reflection on the future direction of research and analysis " advice on further reading. In 1978, with the publication of Hall et al′s Policing the Crisis and Poulantzas′s State, Power, Socialism, the complexity of the state′s interventions in maintaining a capitalist social order were laid bare for critical criminological analysis. State, Power, Crime offers an up-to-date and comprehensive examination of the challenges posed by state power, in relation to both criminal and social justice.
