Structure And Function In Criminal Law
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Structure And Function In Criminal Law
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Author : Paul H. Robinson
language : en
Publisher: Oxford University Press on Demand
Release Date : 1997
Structure And Function In Criminal Law written by Paul H. Robinson and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice.In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample codes of criminal conduct and criminal adjudication which mark a real departure fromthe pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide.
The Structure Of Criminal Procedure
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Author : Barton L. Ingraham
language : en
Publisher: Praeger
Release Date : 1987-05-21
The Structure Of Criminal Procedure written by Barton L. Ingraham and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-05-21 with Law categories.
A model is developed for analyzing criminal procedure across nations and cultures, and applied to the U.S., France, the U.S.S.R. and China. The model envisions common functions of arrest and detention, screening, charging and defending, trial, sanctioning and appeal. The comparison reveals significant differences between inquisitorial and adversarial systems, including the extent of court authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between noncommunist and communist inquisitorial systems involve personnel who perform each function, degrees of public participation, and the educative-rehabilitative function of the criminal justice process. Criminal Justice Abstracts The Structure of Criminal Procedure presents, for the first time ever, a detailed comparison of the criminal procedures of four major nations--France, the United States, China, and the Soviet Union. In addition, the author also develops his theory on the Morphology of Criminal Procedure which hypothesizes that there is a common structure in every modern procedural system no matter how different it may appear on the surface. He stresses six basic functions inherent in all systems--arrest and trial, detention, screening, charging and defending, trial, sanctioning, and appeal--and he successively analyzes each of them in depth. Practical ways to apply his model are provided along with encouragement for others to engage in new comparative studies, or studies of individual systems, in order to clarify the ways in which the practical demands of society, the legal profession, and legal institutions interact with the functional needs of the system to produce new ways of procedure or new ways of using old procedures.
The Structures Of The Criminal Law
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Author : R. A. Duff
language : en
Publisher: OUP Oxford
Release Date : 2011-12-08
The Structures Of The Criminal Law written by R. A. Duff and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-08 with Law categories.
Criminalization is a new series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences? The second volume in the series concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally the third sense of structure is outlined - the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role? Focussing not only on the questions about the criminal law's proper scope, but also on crucial questions about how crimes should be structured, defined, and classified, this book provides a deeper understanding of criminalization.
Introduction To The Criminal Justice System A Practical Perspective
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Author : Francis Williams
language : en
Publisher:
Release Date : 2018-12-31
Introduction To The Criminal Justice System A Practical Perspective written by Francis Williams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-31 with Social Science categories.
Introduction to the Criminal Justice System: A Practical Perspective examines the basic organization, structure, and function of the criminal justice system, while also illuminating contemporary issues and barriers that can delay, prevent, or impact the system's function of achieving justice. Through stories from the field and discussions of everyday challenges, students are introduced to the criminal justice system through a uniquely practical lens. The text is organized into five parts. In Part I, students learn foundational information about the American criminal justice system, crime and its impact, and criminal law and criminal justice. Part II explores the history of law enforcement, its organization and structure, and police and the law. In Part III, students read about the structure and organization of criminal courts, the pretrial and trial process, and sentencing, including the death penalty. Part IV speaks to community corrections and institutional corrections. Part V provides insights on juvenile justice and delinquency. In the final part, students consider the future of the criminal justice discipline and system. Introduction to the Criminal Justice System is ideal for foundational courses in criminal justice, sociology, and social work. Francis Williams has served as a practitioner, researcher, scholar, public speaker, and educator on issues of prevention programs, security, law enforcement, police and community relations, race and crime, and crime policy for over 38 years. He holds a Ph.D. from Northeastern University, a M.Ed. from Cambridge College, and is the program coordinator and a professor of criminal justice at Plymouth State University. Laura Dykstra is an assistant professor of criminal justice at Plymouth State University. She received her M.A. and Ph.D. in criminology and criminal justice from the University of Maryland, College Park. Her research interests include drug-related crime, mental health, research methodology, and violent crime and victimization, especially among young adults.
The Paradox Of Punishment
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Author : Thomas J. Miceli
language : en
Publisher: Springer Nature
Release Date : 2019-11-06
The Paradox Of Punishment written by Thomas J. Miceli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-06 with Law categories.
This book explores the insights that can be gained by looking at the criminal justice system from an economic point of view. It provides an economic analysis of the institutional structure and function of the criminal justice system, how its policies are formulated, and how they affect behavior. Yet it goes beyond an examination of specific policies to address the broad question of how law influences behavior. For example, it examines how concepts such as the possibility of redemption affect the decisions of repeat offenders, and whether individual responsibility is (or should be) a pre-requisite for punishment. Finally, the book argues that, in addition to the threat of criminal sanctions, law inculcates principles of acceptable behavior among citizens by asserting that certain acts are “against the law.” This “expressive function” of law can influence behavior to the extent that at least some people in society are receptive to such a message. For these people, the moral content of law has more than mere symbolic value, and consequently, it can expand the scope of traditional law enforcement while lowering its cost. Another goal of the book is therefore to use economic theory to assess this dualistic function of law by specifically recognizing how its policies can both internalize an ethic of obedience to the law among some people irrespective of its consequences, while simultaneously threatening to punish those who only respond to external incentives.
The Function Of Accusation In International Criminal Court Structure Of Crimes And The Role Of Prosecutor According To The International Criminal Jurisprudence
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Author : Dimitris Liakopoulos
language : en
Publisher:
Release Date : 2019
The Function Of Accusation In International Criminal Court Structure Of Crimes And The Role Of Prosecutor According To The International Criminal Jurisprudence written by Dimitris Liakopoulos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
The present survey aims to analyze the issue of the indictment function in the process before the International Criminal Court which integrates a peculiar justice system, result of the complex interaction between the juridical tradition of civil law and the juridical tradition of common law. The prosecution function is entrusted to a Prosecutor who is conceived as a hybrid figure. It is an organ that not only performs its functions in the context of a system in which the principle of opportune penal action applies, but which also operates on a level that can be defined to some extent as political, since he has to move in an international chessboard and being called to also have diplomatic relations with states and international institutions.
The Structure And Limits Of Criminal Law
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Author : PaulH. Robinson
language : en
Publisher: Routledge
Release Date : 2017-10-23
The Structure And Limits Of Criminal Law written by PaulH. Robinson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Law categories.
This volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the "harm principle" may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender's blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure. The structure grown by the common law process competes not only with that of modern comprehensive codifications, such as the America Law Institute's Model Penal Code, but also with alternative structures imagined but not yet tried.
Modern Control Theory And The Limits Of Criminal Justice
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Author : Michael Gottfredson
language : en
Publisher: Oxford University Press
Release Date : 2019-10-01
Modern Control Theory And The Limits Of Criminal Justice written by Michael Gottfredson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-01 with Social Science categories.
In 1990 when Michael Gottfredson and Travis Hirschi published A General Theory of Crime, now often referred to as self control theory, it quickly became among the most discussed and researched perspectives in criminology. In Modern Control Theory and the Limits of Criminal Justice, Gottfredson and Hirschi develop and extend the theory of self control advanced in their classic work. Focusing on the methodology of testing crime theory and measuring behavioral research on crime and delinquency, they critically review the evidence about self control theory. Gottfredson and Hirschi further discuss evidence about the positive consequences of higher levels of self control from education, economics, and public health, that-along with evidence from delinquency and crime-show substantial support for the theory of self control. Illustrating the theory through predictions about policing, incarceration, juvenile justice, and the connection of immigration policy to crime, this book connects self control theory to the structure and function of the criminal justice system, then applies the theory to pressing issues of public policy about delinquency and crime.
Crime Punishment And Responsibility
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Author : Rowan Cruft
language : en
Publisher: Oxford University Press
Release Date : 2011-07-14
Crime Punishment And Responsibility written by Rowan Cruft and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-14 with Law categories.
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
The New Histories Of International Criminal Law
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Author : Immi Tallgren
language : en
Publisher: Oxford University Press
Release Date : 2019-03-21
The New Histories Of International Criminal Law written by Immi Tallgren and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-21 with Law categories.
The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.