The Preventive Turn In Criminal Law
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The Preventive Turn In Criminal Law
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Author : Henrique Carvalho
language : en
Publisher: Oxford University Press
Release Date : 2017
The Preventive Turn In Criminal Law written by Henrique Carvalho 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 2017 with Law categories.
Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, this work demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition --Front flap of book.
Prevention And The Limits Of The Criminal Law
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Author : Andrew Ashworth
language : en
Publisher: OUP Oxford
Release Date : 2013-01-31
Prevention And The Limits Of The Criminal Law written by Andrew Ashworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Law categories.
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.
Preventive Justice
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Author : Andrew Ashworth
language : en
Publisher: Oxford Monographs on Criminal
Release Date : 2014
Preventive Justice written by Andrew Ashworth and has been published by Oxford Monographs on Criminal this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
'Preventative Justice' looks at the use of coercive preventive measures by the state, both within and beyond criminal law. Examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.
Preventing Crime
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Author : Tore Bjørgo
language : en
Publisher: Springer
Release Date : 2016-01-26
Preventing Crime written by Tore Bjørgo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-26 with Social Science categories.
Traditional "schools" of crime prevention, like the criminal justice model, social crime prevention or situational crime prevention, have proved to be too narrow and do not combine well with other approaches. However, each of these models provides important insights and contributions for reducing crime. By extracting the main preventive mechanisms of these diverse approaches, this book develops a more holistic, general model that consists of nine preventive mechanisms: building normative barriers to crime, reducing recruitment, deterrence, disruption, incapacitation, protecting vulnerable targets, reducing benefits of crime, reducing harm, and facilitating desistance. The measures to activate the preventive mechanisms may differ according to the type of crime, as may the actors in charge of implementing the relevant measures. However, Tore Bjørgo demonstrates how his model of crime prevention can be effectively applied to diverse forms of crime, from domestic burglaries to criminal youth gangs and driving under the influence to organized crime and terrorism. In doing so, this important book will be of interest to scholars and students of policing, security studies and criminology, as well as practitioners and policy-makers.
The Making Of Chinese Criminal Law
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Author : Ying Ji
language : en
Publisher: Routledge
Release Date : 2021-03-08
The Making Of Chinese Criminal Law written by Ying Ji and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-08 with Law categories.
By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
Law Insecurity And Risk Control
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Author : John Pratt
language : en
Publisher: Springer Nature
Release Date : 2020-08-05
Law Insecurity And Risk Control written by John Pratt and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-05 with Social Science categories.
This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.
Preventive Justice And The Power Of Policy Transfer
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Author : J. Ogg
language : en
Publisher: Springer
Release Date : 2015-05-25
Preventive Justice And The Power Of Policy Transfer written by J. Ogg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-25 with Law categories.
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.
Deterrence And Crime Prevention
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Author : David M. Kennedy
language : en
Publisher: Routledge
Release Date : 2012-08-06
Deterrence And Crime Prevention written by David M. Kennedy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-06 with Business & Economics categories.
Deterrence is at the heart of the preventive aspiration of criminal justice. Deterrence, whether through preventive patrol by police officers or stiff prison sentences for violent offenders, is the principal mechanism through which the central feature of criminal justice, the exercise of state authority, works – it is hoped -- to diminish offending and enhance public safety. And however well we think deterrence works, it clearly often does not work nearly as well as we would like – and often at very great cost. Drawing on a wide range of scholarly literatures and real-world experience, Kennedy argues that we should reframe the ways in which we think about and produce deterrence. He argues that many of the ways in which we seek to deter crime in fact facilitate offending; that simple steps such as providing clear information to offenders could transform deterrence; that communities may be far more effective than legal authorities in deterring crime; that apparently minor sanctions can deter more effectively than draconian ones; that groups, rather than individual offenders, should often be the focus of deterrence; that existing legal tools can be used in unusual but greatly more effective ways; that even serious offenders can be reached through deliberate moral engagement; and that authorities, communities, and offenders – no matter how divided – share and can occupy hidden common ground. The result is a sophisticated but ultimately common-sense and profoundly hopeful case that we can and should use new deterrence strategies to address some of our most important crime problems. Drawing on and expanding on the lessons of groundbreaking real-world work like Boston’s Operation Ceasefire – credited with the "Boston Miracle" of the 1990s – "Deterrence and Crime Prevention" is required reading for scholars, law enforcement practitioners, and all with an interest in public safety and the health of communities.
Principles And Values In Criminal Law And Criminal Justice Essays In Honour Of Andrew Ashworth
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Author : Lucia Zedner
language : en
Publisher: OUP Oxford
Release Date : 2012-08-16
Principles And Values In Criminal Law And Criminal Justice Essays In Honour Of Andrew Ashworth written by Lucia Zedner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-16 with Law categories.
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.
Crime Prevention Policies In Comparative Perspective
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Author : Adam Crawford
language : en
Publisher: Willan
Release Date : 2013-05-13
Crime Prevention Policies In Comparative Perspective written by Adam Crawford and has been published by Willan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-13 with Social Science categories.
This book brings together a collection of leading international experts to explore the lessons learnt through implementation and the future directions of crime prevention policies. Through a comparative analysis of developments in crime prevention policies across a number of European countries, contributors address questions such as: How has 'the preventive turn' in crime control policies been implemented in various different countries and what have its implications been? What lessons have been learnt over the ensuing years and what are the major trends influencing the direction of development? What does the future hold for crime prevention and community safety? Contributors explore and assess the different models adopted and the shifting emphasis accorded to differing strategies over time. The book also seeks to compare and contrast different approaches as well as the nature and extent of policy transfer between jurisdictions and the internationalisation of key ideas, strategies and theories of crime prevention and community safety.