Consent Stealthing And Desire Based Contracting In The Criminal Law
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Consent Stealthing And Desire Based Contracting In The Criminal Law
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Author : Brianna Chesser
language : en
Publisher: Routledge
Release Date : 2021-12-24
Consent Stealthing And Desire Based Contracting In The Criminal Law written by Brianna Chesser and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-24 with Law categories.
Consent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.
The Impact Of Covid 19 On Prison Conditions And Penal Policy
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Author : Frieder Dünkel
language : en
Publisher: Routledge
Release Date : 2022-04-19
The Impact Of Covid 19 On Prison Conditions And Penal Policy written by Frieder Dünkel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-19 with Social Science categories.
The Impact of COVID-19 on Prison Conditions and Penal Policy presents the results of a worldwide exchange of information on the impact of COVID-19 in prisons. It also focuses on the human rights questions that have been raised during the pandemic, relating to the treatment of prisoners in institutions for both juveniles and adults worldwide. The first part brings together the findings and conclusions of leading prison academics and practitioners, presenting national reports with information on the prison system, prison population rates, how COVID-19 was and is managed in prisons, and its impact on living conditions inside prisons and on reintegration programmes. Forty-four countries are covered – many in Europe, but also Argentina, Brazil, Chile, Colombia, Perú, Costa Rica, Canada, the USA, Kenya, South Africa, China, India, Japan, Australia and New Zealand. In the second part, thematic chapters concentrate explicitly on the impact of the pandemic on the application of international human rights standards in prisons and on worldwide prison population rates. The book concludes by drawing out the commonalities and diverging practices between jurisdictions, discussing the impact of measures introduced and reflecting on what could be learnt from policies that emerged during the pandemic. Particular attention is paid to whether "reductionist" strategies that emerged during the pandemic can be used to counteract mass incarceration and prison overcrowding in the future. Although the book reflects the situation until mid 2021, after the second and during the third wave of the pandemic, it is highly relevant to the current situation, as the living conditions in prisons did not change significantly during the following waves, which showed high infection rates (in particular in the general population), but increased vaccination rates, too. In prisons, problems the pandemic raises have an even greater impact than for the general society. Revealing many notable and interesting changes in prison life and in release programmes, this book is essential reading for students and scholars of penology, criminology, law, sociology and public health. It will also appeal to criminal justice practitioners and policy makers.
Policing And Boundaries In A Violent Society
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Author : Guy Lamb
language : en
Publisher: Routledge
Release Date : 2022-01-31
Policing And Boundaries In A Violent Society written by Guy Lamb and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-31 with Political Science categories.
This book explores how social and territorial boundaries have influenced the approaches and practices of the South Africa Police Service (SAPS). By means of a historical analysis of South Africa, this book introduces a new concept, ‘police frontierism’, which illuminates the nature of the relationships between the police, policing and boundaries, and can potentially be used for future case study research. Drawing on a wealth of research, this book examines how social and territorial boundaries strongly influenced police practices and behaviour in South Africa, and how social delineations amplify and distort existing police prejudices against those communities on the other side of the boundary. Focusing on cases of high-density police operations, public-order policing and the recent policing of the COVID-19 lockdown, this book argues that poor economic conditions combined with an increased militarisation of the SAPS and a decline in public trust in the police will result in boundaries continuing to fundamentally inform police work in South Africa. This book will be of interest to scholars and students interested in policing in post-colonial societies characterised by high levels of violence, as well as police work and police militarization.
Responses To Serious Offending By Children
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Author : Nessa Lynch
language : en
Publisher: Taylor & Francis
Release Date : 2022-05-30
Responses To Serious Offending By Children written by Nessa Lynch and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-30 with Social Science categories.
This book explores the principles, practice and challenges in determining justice system responses to serious offending by children globally. Divided into four parts, the book provides a balance of theoretical and empirical insights. Anchored in a theoretical framework based on the human rights of children, as set out in the UN Convention on the Rights of the Child, it considers the relationship between scientific evidence (such as brain development) and the human rights framework, before going to explore the diversity of responses to children who are found responsible for serious offences. It brings together experts from various disciplines to fill a gap relating to serious offending by children in the literature. Scholars from Africa, Latin America and Asia, as well as Europe, North America and Oceania provide perspectives from legally, socially and culturally distinct jurisdictions. The first part focuses on the theoretical framework and explores the applicable standards and principles, including the relevant human rights framework and penological approaches to sentencing children for serious crimes. The second part analyses available empirical evidence, including evidence relating to the profiles of children who commit serious crimes, child and adolescent development, effective sentencing approaches and evidence of disparities in responses to serious offending by children. The third part provides a discussion of justice system responses to serious offending by children in a range of jurisdictions or regions with diverse and distinct legal, social and cultural contexts. Finally, the book uses the theoretical framework, empirical evidence, and case studies of jurisdictions to reflect on how principles relating to responses to serious offending by children can be translated into practice, and to highlight key debates and issues that will need to be explored into the future. Adding much-needed international perspectives to the scholarship addressing the issue, this book will be of great interest to academics, students, legal practitioners and social work professionals working on youth justice and children’s rights across the globe.
Life Without Parole
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Author : Ross Kleinstuber
language : en
Publisher: Routledge
Release Date : 2022-04-19
Life Without Parole written by Ross Kleinstuber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-19 with Social Science categories.
This book is an in-depth critical examination of all pertinent aspects of life without parole (LWOP). Empirically assessing key arguments that advance LWOP, including as an alternative to the death penalty, it reveals that not only is the punishment cruel while not providing any societal benefits, it is actually detrimental to society. Over the last 30 years, LWOP has exploded in the United States. While the use of capital punishment over that same time period has declined, it must be recognized that LWOP is, in fact, a hidden death sentence. It is, however, implemented in a way that allows society to largely ignore this truth. While capital punishment has rightfully been subject to intense debate and scholarship, LWOP has mostly escaped such scrutiny. In fact, LWOP has been touted by both death penalty abolitionists and by tough-on-crime conservatives, which has allowed it to flourish under the radar. Specifically, abolitionists have advanced LWOP as a palatable alternative to capital punishment, which they perceive as inhumane, error-prone, costly, and racially biased. Conservatives, meanwhile, advocate for LWOP as an effective means of fighting crime, a just form of retribution, and necessary tool for managing incorrigible offenders. This book seeks to tap into and help inform this growing debate by subjecting these key arguments to empirical scrutiny. The results of those analyses fail to produce any evidence in support of any of those various justifications and therefore suggest that LWOP should be abolished and replaced with life sentences that come with parole eligibility after a maximum of 25 years. The book will be of great interest to students and scholars of criminology and criminal justice and will also have crossover appeal into the fields of law, political science, and sociology. It will also appeal to criminal justice professionals, lawmakers, activists, and attorneys, as well as death penalty abolitionists, opponents of mass incarceration, advocates for sentencing reform, and supporters of prisoners’ rights.
The Virtual Reality Of Imprisonment In Russia
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Author : Laura Piacentini
language : en
Publisher: Routledge
Release Date : 2022-04-28
The Virtual Reality Of Imprisonment In Russia written by Laura Piacentini and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-28 with Social Science categories.
In outlining the online expressions of penal life, this book disrupts the conventional human encounters that underpin empirical criminological scholarship on prisons because, figuratively speaking, prisons in Russia are de-nesting from their institutional moorings and borders. Using the online world of Runet as the research site and presenting research from selectively drawn evidence gathered from secondary data from prison-related websites, it explores the ‘moving walls’ of the prison from socio-political and cultural perspectives. The book discusses how prisoners and their families articulate and give meaning to their experiences when they are online, and while doing so develop their rights awareness. This book is a pioneering methodological, criminological and theoretical study, the first of its kind in global criminology and humanities, and because it is forging a new path for penal scholarship, cannot be all-encompassing but rather acts as a ‘map’ for other researchers in different fields to use. It will be useful for scholars working in comparative fields and jurisdictions on the subject of prisons, rights and how the internet is being utilised by prisoners, their families and communities organised around prison activism.
174 210
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Author : Eric Hilgendorf
language : de
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2022-12-31
174 210 written by Eric Hilgendorf and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-31 with Law categories.
Der Leipziger Kommentar setzt auch in der 13. Auflage die Maßstäbe für die Wissenschaft zum materiellen Strafrecht. In 20 Bänden beleuchtet das hochkarätige Autorenteam das Strafgesetzbuch sowie das Völkerstrafgesetzbuch in allen Facetten und mit bemerkenswerter Tiefe; dabei bleibt keine Frage unbeantwortet. Von der Entstehungsgeschichte über Reformfragen, bis hin zu rechtsvergleichenden Darstellungen sowie unter Einschluss verwandter Rechtsgebiete wie der Kriminologie und des Völkerstrafrechts findet der Benutzer eine erschöpfende Darstellung und wissenschaftliche Aufbereitung der gesamten Materie. Der Großkommentar gibt den gegenwärtigen Erkenntnisstand in Rechtsprechung und Literatur vollständig wieder und bietet Hilfe zur Lösung auch entlegener Probleme. In Band 10 sind die Vorschriften des Besonderen Teils des StGB zu den Straftaten gegen die sexuelle Selbstbestimmung (§§ 174- 184j), zur Beleidigung (§§ 185-200) und zur Verletzung des persönlichen Lebens- und Geheimbereichs (§§ 201-207) kommentiert.
Simester And Sullivan S Criminal Law
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Author : A P Simester
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-08-22
Simester And Sullivan S Criminal Law written by A P Simester and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.
This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. Review of Previous Edition: '... undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart, Criminal Law Review
Simester And Sullivan S Criminal Law
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Author : J J Child
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-09-15
Simester And Sullivan S Criminal Law written by J J Child and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-15 with Law categories.
'... undoubtedly a first-rate companion for any undergraduate or post-graduate law course.' John Taggart, Criminal Law Review This outstanding account of modern English criminal law combines detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law, covering all subjects taught at undergraduate level. The book's philosophical approach ensures students have a deeper understanding of the law that goes beyond a purely doctrinal knowledge As a result, over its numerous editions, it has become required reading for many criminal law courses. The 8th edition covers all statutory law including the Assaults on Emergency Workers Act 2018 and Domestic Abuse Act, s 71. Case law discussions now cover: Grant (complicity); Barton (dishonesty); Broughton, Field, Kuddus, and Rebelo (homicide) and AG's Ref (No 1 of 2020) (sexual offences).
Criminal Law And Morality In The Age Of Consent
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Author : Aniceto Masferrer
language : en
Publisher: Springer Nature
Release Date : 2021-02-09
Criminal Law And Morality In The Age Of Consent written by Aniceto Masferrer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-09 with Law categories.
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.