Criminal Law and Precrime

Criminal Law and Precrime
Author by: Richard Jochelson
Release: 2017-07-06
Editor: Taylor & Francis
Pages: 329
ISBN: 9781351678643
Language: en
Available :

SUMMARY:

In Philip K. Dick's short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick's allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"-particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror" the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.

MACK S CRIMINAL LAW TRIAL BOOK

MACK S CRIMINAL LAW TRIAL BOOK
Author by: DALLAS. MACK
Release: 2020
Editor: Unknown
Pages: 329
ISBN: 0779896769
Language: en
Available :

SUMMARY:

The Criminal s Handbook A Practical Guide to Surviving Arrest and Incarceration in Canada

The Criminal s Handbook  A Practical Guide to Surviving Arrest and Incarceration in Canada
Author by: Anonim
Release: 2012
Editor: Insomniac Press
Pages: 342
ISBN: 9781554830923
Language: en
Available :

SUMMARY:

Criminal Law

Criminal Law
Author by: Kent Roach
Release: 2018-08-22
Editor: Essentials of Canadian Law
Pages: 656
ISBN: 1552214907
Language: un
Available :

SUMMARY:

Criminal Law by Kent Roach is one of the most highly regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's account of the current state of substantive criminal law in Canada has become essential reading not only in law schools but also among judges, practitioners, and others involved in the criminal justice system.

Criminal Law for Criminologists

Criminal Law for Criminologists
Author by: Noel Cross
Release: 2020-03-25
Editor: Routledge
Pages: 262
ISBN: 9780429884610
Language: en
Available :

SUMMARY:

Criminal Law for Criminologists uses theoretical and practical research to bridge the gap between ‘the law in the books’ (criminal law doctrine) and ‘the law in action’ (criminal justice process). It introduces the key policies and principles that drive criminal law in England and then explains the law itself in terms of relevant statute and case law. Starting with an outline of the basic principles and theories of criminal law and criminal justice, the author goes on to discuss: Criminal law and criminal justice in historical perspective, General principles of criminal law, including actus reus and mens rea, Specific types of criminal offence, including property, homicide, sexual, public order and drug offences, An overview of defences to crime, An appendix outlining essential legal skills. In examining the links between the worlds of criminal law and criminal justice, Criminal Law for Criminologists brings a fresh perspective to this field of research. Written in a clear and direct style, this book will be essential reading for students of criminology, criminal justice, law, cultural studies, social theory, and those interested in gaining an introduction to criminal law.

The Teaching of Criminal Law

The Teaching of Criminal Law
Author by: Kris Gledhill,Ben Livings
Release: 2016-08-19
Editor: Taylor & Francis
Pages: 212
ISBN: 9781317553380
Language: en
Available :

SUMMARY:

The Teaching of Criminal Law provides the first considered discussion of the pedagogy that should inform the teaching of criminal law. It originates from a survey of criminal law courses in different parts of the English-speaking world which showed significant similarity across countries and over time. It also showed that many aspects of substantive law are neglected. This prompted the question of whether any real consideration had been given to criminal law course design. This book seeks to provide a critical mass of thought on how to secure an understanding of substantive criminal law, by examining the course content that best illustrates the thought process of a criminal lawyer, by presenting innovative approaches for securing active learning by students, and by demonstrating how criminal law can secure other worthwhile graduate attributes by introducing wider contexts. This edited collection brings together contributions from academic teachers of criminal law from Australia, New Zealand, the United Kingdom, and Ireland who have considered issues of course design and often implemented them. Together, they examine several innovative approaches to the teaching of criminal law that have been adopted in a number of law schools around the world, both in teaching methodology and substantive content. The authors offer numerous suggestions for the design of a criminal law course that will ensure students gain useful insights into criminal law and its role in society. This book helps fill the gap in research into criminal law pedagogy and demonstrates that there are alternative ways of delivering this core part of the law degree. As such, this book will be of key interest to researchers, academics and lecturers in the fields of criminal law, pedagogy and teaching methods.

Criminal Law in Canada

Criminal Law in Canada
Author by: Julian Hermida
Release: 2018-05-09
Editor: Kluwer Law International B.V.
Pages: 138
ISBN: 9789041196279
Language: un
Available :

SUMMARY:

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Canada. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Canada. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.

International Criminal Law in Context

International Criminal Law in Context
Author by: Philipp Kastner
Release: 2017-10-20
Editor: Routledge
Pages: 346
ISBN: 9781317198994
Language: en
Available :

SUMMARY:

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

Routledge Handbook of International Criminal Law

Routledge Handbook of International Criminal Law
Author by: William A. Schabas,Nadia Bernaz
Release: 2010-11-08
Editor: Routledge
Pages: 466
ISBN: 9781136866678
Language: en
Available :

SUMMARY:

International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes – Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals – Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law – Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.

Christianity and Criminal Law

Christianity and Criminal Law
Author by: Mark Hill QC,Norman Doe,RH Helmholz,John Witte, Jr.
Release: 2020-05-28
Editor: Routledge
Pages: 358
ISBN: 9781000071559
Language: en
Available :

SUMMARY:

This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.

Optimize Criminal Law

Optimize Criminal Law
Author by: John Hendy,Odette Hutchinson
Release: 2015-03-24
Editor: Routledge
Pages: 306
ISBN: 9781317908517
Language: en
Available :

SUMMARY:

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details · using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge · identifying and explaining how to apply legal principles for important cases · providing revision advise to help you aim higher in essays and exams Avoid common misunderstandings and errors · identifying common pitfalls students encounter in class and in assessment Reflect critically on the law · identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment · presenting learning objectives that reflect typical assessment criteria · providing sample essay and exam questions, supported by end-of-chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams. www.routledge.com/cw/optimizelawrevision

An Introduction to Transnational Criminal Law

An Introduction to Transnational Criminal Law
Author by: Neil Boister
Release: 2012-09-06
Editor: Oxford University Press
Pages: 301
ISBN: 9780199605392
Language: un
Available :

SUMMARY:

States criminalise a wide range of transnational offences, such as piracy, human trafficking, drug trafficking, terrorism, organised crime, and cybercrime. This book provides an introduction to this developing area of law, setting out what transnational crimes are, and how states can establish jurisdiction over them and enforce it.

Rethinking Criminal Law Theory

Rethinking Criminal Law Theory
Author by: Francois Tanguay-Renaud,James Stribopoulos
Release: 2012-01-10
Editor: Bloomsbury Publishing
Pages: 334
ISBN: 9781847319043
Language: un
Available :

SUMMARY:

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

The Criminology of Criminal Law

The Criminology of Criminal Law
Author by: William Laufer
Release: 2017-07-05
Editor: Routledge
Pages: 557
ISBN: 9781351484299
Language: en
Available :

SUMMARY:

The Criminology of Criminal Law considers the relation between criminal law and theories of crime, criminality and justice. This book discusses a wide range of topics, including: the way in which white-collar crime is defined; new perspectives on stranger violence; the reasons why criminologists have neglected the study of genocide; the idea of boundary crossing in the control of deviance; the relation between punishment and social solidarity; the connection between the notion of justice and modern sentencing theory; the social reaction to treason; and the association between politics and punitiveness. Contributors include Bonnie Berry, Don Gottfredson, David F. Greenberg, Marc Riedel, Jason Rourke, Kip Schlegel, Vered Vinitzky-Seroussi, Leslie T. Wilkins, Marvin E. Wolfgang, and Richard A. Wright. The Criminology of Criminal Law concludes with an analysis of the results of a study on the most cited scholars in the Advances in Criminological Theory series. This work will be beneficial to criminologists, sociologists, and scholars of legal studies. Advances in Criminological Theory is the first series exclusively dedicated to the dissemination of original work on criminological theory. It was created to overcome the neglect of theory construction and validation in existing criminological publications.

Criminal Law The Basics

Criminal Law  The Basics
Author by: Jonathan Herring
Release: 2009-10-16
Editor: Routledge
Pages: 160
ISBN: 9781135270575
Language: en
Available :

SUMMARY:

Criminal Law: The Basics is an insightful introduction to the legal aspects of criminal acts, ranging from battery to burglary and harassment to homicide. Starting with an in-depth exploration of the very concept of crime, this book considers such questions as: how should we decide what is criminal and what isn’t? what is the difference between murder and manslaughter? could you ever be guilty of stealing your own property? what defences are available to those accused of crime? The book features numerous case studies from the infamous to the bizarre and key questions for consideration throughout. Each chapter ends with lists of relevant cases, statutes and suggestions for further reading, making this an ideal starting point for anyone interested in criminal law.

Criminal Law

Criminal Law
Author by: Jacqueline Martin
Release: 2014-01-03
Editor: Routledge
Pages: 312
ISBN: 9781317976455
Language: en
Available :

SUMMARY:

Key Facts Key Cases: Criminal Law will ensure you grasp the main concepts of your Criminal Law module with ease. This book explains the facts and associated case law for: the important concepts of actus reus, mens rea and strict liability the main fatal and non-fatal offences against the person a wide range of property offences general defences the topics of participation and inchoate offences Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

Principled International Criminal Justice

Principled International Criminal Justice
Author by: Mark Findlay,Joanna Chuah Hui Ying
Release: 2018-07-11
Editor: Routledge
Pages: 176
ISBN: 9781351258340
Language: en
Available :

SUMMARY:

Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.

Criminal Law

Criminal Law
Author by: Kent Roach
Release: 2012-08-21
Editor: Unknown
Pages: 562
ISBN: 1552213013
Language: en
Available :

SUMMARY:

Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly-regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's account of the current state of substantive criminal law and theory in Canada has become essential reading, not only in law schools, but also among judges, practitioners, and others involved in the criminal justice system. The fifth edition of Criminal Law has been thoroughly updated and includes analysis of a number of important Supreme Court of Canada decisions especially in relation to the provocation defence, and in the Court's use of a modified and contextual objective standard that has implications for other defences. The book also examines the provisions relating to self defence, defence of others, and defence of property which Parliament has replaced with new and radically simplified defences in ss.34 and 35 of the Criminal Code. In addition the book reviews the judgment in R. v. Ipeelee where the Supreme Court confirmed the need for restraint in the use of imprisonment and the need for a different approach to the sentencing of Aboriginal offenders, particularly in light of the fact that Parliament continues to restrict the use of conditional sentences and enact new mandatory minimum sentences.

Beginning Criminal Law

Beginning Criminal Law
Author by: Claudia Carr,Maureen Johnson
Release: 2013
Editor: Routledge
Pages: 192
ISBN: 9780415690669
Language: en
Available :

SUMMARY:

Whether you're new to higher education, coming to legal study for the first time or just wondering what Criminal Law is all about, Beginning Criminal Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Criminal Law module with confidence. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Claudia Carr and Maureen Johnson break the subject of criminal law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Criminal Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Criminal Law and Precrime

Criminal Law and Precrime
Author by: Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen
Release: 2017-07-06
Editor: Routledge
Pages: 130
ISBN: 9781351678636
Language: un
Available :

SUMMARY:

In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.