Criminal Justice

This book provides a comprehensive, up to date and detailed introduction to the criminal justice system for students and practitioners needing to know about this. It assesses the main theories concerned with the causes of crime (including white collar and corporate crime), and provides a detailed account and analysis of the response of the state to crime in England and Wales. It discusses the operation of all key agencies, including the police, probation and prison services, and the legal and youth justice systems. It also examines a number of contemporary issues affecting the criminal justice system, including the partnership approach to crime prevention, the implementation of the Macpherson report and the issue of race and crime more generally; and examines a number of important new areas within criminal justice, such as restorative justice. The book is an ideal text for students taking courses in criminal justice, or studying criminal justice as a component of a broader course in criminology or the social sciences more generally. It has a wide range of student friendly features, including questions and answers, case studies, chapter summaries, website resource guide, glossary of key terms, and is written in a highly accessible manner.

Criminal Justice Theory: Explanations and Effects undertakes a systematic study of theories of the criminal justice system, which historically have received very little attention from scholars. This is a glaring omission given the risk of mass imprisonment, the increasing presence of police in inner-city communities, and the emergence of new policy initiatives aimed at improving the quality and effectiveness of the administration of justice. Fortunately, however, a number of disparate theoretical works have appeared that seek to provide insight into the nature and impact of criminal justice. Based on 13 original essays by influential scholars, this volume pulls together the most significant of these perspectives, thus creating a state-of-the-art assessment of contemporary criminal justice theory. Criminal justice theory can be divided into two main categories. The first includes works that seek to explain the operation of the criminal justice system. Most of these contributions have grappled with the core reality of American criminal justice: its rising embrace of punitiveness and the growth of mass imprisonment. The second category focuses on works that identify theories that have often guided efforts to reduce crime. The issue here focuses mainly on the effects of certain theoretically guided criminal justice interventions. The current volume is thus organized into these two categories: explanations and effects. The result is an innovative and comprehensive book that not only serves researchers by advancing scholarship but also is appropriate for advanced undergraduate or graduate classroom use.

This book brings together research into key aspects of the interconnections between Islam, crime and the criminal justice system in Britain, a particularly timely collection in the light of both the recent disturbances in several northern English cities as well as the impact of the events of 11 September 2001 and their aftermath. Chapters in the book focus on young Muslim men and criminal activity, Muslim women and their experiences of victimisation, the experiences of Muslim police officers, of Muslims in prison, issues of human rights in relation to Muslims in Britain, and the criminal justice policy implications of religious diversity. Main aims pursued through the book include issues of victimisation as perceived by Muslim communities, Muslim perspectives on crime and criminal justice, and ways of addressing issues of marginalisation and exclusion within Muslim communities. Overall the book provides an important contribution to debates over the role of Muslims in British society generally, as well as their experiences of and involvement in the criminal justice system and the policy implications that arise from this.

The sixth edition of Criminal Justice in Canada provides students with a comprehensive view of how our criminal justice system attempts to bring justice into its policies, operations, and court decisions. This approach involves a discussion of the major agencies of our justice system and the manner in which they operate to identify, apprehend, process, and control offenders while at the same time protecting the rights of individuals. In this sixth edition, recent initiatives to control crime and criminals are discussed and updated, including anti-terrorism legislation, gun control measures, mandatory minimum sentences, and mental health courts. In addition, various new initiatives that attempt to better deal with crime and criminals are reviewed, such as community courts, human trafficking, and gender responsive programming.

In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.

This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.

Memory and Sexual Misconduct: Psychological Research for Criminal Justice investigates the veracity of memories of sexual misconduct and the factors that may influence accurate recall, and fundamentally assesses whether psychological science can help the criminal justice system in determining which accusations are likely to be accurate, and which are not. In recent years, the public has been inundated with announcements of sexual assault allegations, in particular against public figures like politicians, businessmen, movie moguls, and professional athletes. Many of these accusations concern events that occurred several years prior to their announcements and trials. Drawing upon a compilation of real-life sexual assault cases and psychological science on recall and sexual trauma, this book provides an analysis of memory reports of sexual misconduct, including inappropriate comments, behaviors, harassment, and assault. It compares these memories with other types of memory, such as flashbulb memories, co-witness conformity memory, and autobiographical memory. Memory and Sexual Misconduct helps readers interpret the role of emotion, the level of detail, and the possible distinction between someone remembering a past event and believing the past event occurred. By providing a thorough evaluation of the likelihood that misconduct memories are accurate and investigating factors that affect this accuracy, Memory and Sexual Misconduct is an invaluable text to both the criminal justice system and the general public, particularly as sexual misconduct allegations of past events continue to come to light.

This new text encourages students to develop a deeper understanding of the context and the current workings of the criminal justice system. The first part offers a clear and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment and the developing perspective of victimology. In the second part, the focus is on the main areas of the contemporary criminal justice system, including the police, the courts and judiciary, prisons and community penalties. There are regular reflective question breaks which enable students to consider and respond to questions relating to what they have just read and the book contains useful pedagogic features such as boxed examples, leading questions and annotated further reading. This practical book is particularly geared to undergraduate students following programmes in criminal justice and criminology. It will also prove a useful resource for practitioners who are following vocationally based courses in the criminal justice area – in social work, youth justice and police training courses.

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 Justice: Local and Global and its sister text Crime: Local and Global are two new teaching texts that aim to equip the reader with a critical understanding of the globally contested nature of 'crime' and'justice'. Through an examination of key concepts and criminological approaches, the books illuminate the different ways in which crime is constructed, conceived and controlled. International case studies are used to demonstrate how 'crime' and 'justice' are historically and geographically located in terms of the global/local context, and how processes of criminalisation and punishment are mediated in contemporary societies. Criminal Justice: Local and Global covers the way the 'local' can be widened out to look at international, transnational and supranational aspects of justice. This means that issues such as corporate crime and human rights can be discussed in a comparative and critical way, examining the possibility, for example of an International Criminal Court, cross-national jurisdictions of regulation and control (such as Interpol) and so on. Each chapter covers a different area of regulation, punishment and process. Unlike previous texts, the book's approach will be an innovative approach to widen 'justice' to encompass considerations beyond simple, local jurisdictions. The book will take instances of 'justice' in one jurisdiction and use global examples to illustrate how ambiguous the concept of 'justice' can be.

Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.

We live in an era of mass mobility where governments remain committed to closing borders, engaging with securitisation discourses and restrictive immigration policies, which in turn nurture xenophobia and racism. It is within this wider context of social and political unrest that the contributors of this collection reflect on their experiences of conducting criminological research. This collection focuses on the challenges of doing research on the intersections between criminal justice and immigration control, choosing and changing methodologies while juggling the disciplinary and interdisciplinary requirements of the work’s audience. From research design, to fieldwork to writing-up, this book captures every part of the research process, drawing on a range of topics such as migration control, immigrant detention and border policing. It also reflects on more neglected areas such as the interpersonal and institutional contexts of research and the ontological and epistemological assumptions embedded within data analysis methods. It makes a significant contribution to our understanding of the major developments in current research in this field, how and why they occur and with what consequences. This book seeks to shake off the phantom of undisturbed research settings by bringing to the fore the researchers' involvement in the research process and its products. An interdisciplinary collection, it can be used as a reference not just for those interested in the criminology of mobility but also as a learning tool for anyone conducting research on a highly charged topic in contemporary policy and politics.

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus.

Peer mentoring is an increasingly popular criminal justice intervention in custodial and community settings. Peer mentors are community members, often with lived experiences of criminal justice, who work or volunteer to help people in rehabilitative settings. Despite the growth of peer mentoring internationally, remarkably little research has been done in this field. This book offers the first in-depth analysis of peer mentoring in criminal justice. Drawing upon a rigorous ethnographic study of multiple community organisations in England, it identifies key features of criminal justice peer mentoring. Findings result from interviews with people delivering and using services and observations of practice. Peer Mentoring in Criminal Justice reveals a diverse practice, which can involve one-to-one sessions, group work or more informal leisure activities. Despite diversity, five dominant themes are uncovered. These include Identity, which is deployed to inspire change and elevate knowledge based on lived experiences; Agency, or a sense of self-direction, which emerges through dialogue between peers; Values or core conditions, including caring, listening and taking small steps; Change, which can be a terrifying and difficult struggle, yet can be mediated by mentors; and Power, which is at play within mentoring relationships and within the organisations, contexts and ideologies that surround peer mentoring. Peer mentoring offers mentors a practical opportunity to develop confidence, skills and hope for the future, whilst offering inspiration, care, empathy and practical support to others. Written in a clear and direct style this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about the social effects of peer mentoring.

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

Why is punishment not more effective? Why do we have such high re-offending rates? How can we deal with crime and criminals in a more cost-effective way? Over the last decade in particular, the United Kingdom, in common with other jurisdictions such as Canada, the United States (US) and Australia, has sought to develop more effective ways of responding to criminal behaviour through court reforms designed to address specific manifestations of crime. Strongly influenced by developments in US court specialisation, problem-solving and specialist courts - including domestic violence courts, drugs courts, community courts and mental health courts - have proliferated in Britain over the last few years. These courts operate at the intersection of criminal law and social policy and appear to challenge much of the traditional model of court practice. In addition, policy makers and practitioners have made significant attempts to try to embed problem-solving approaches into the criminal justice system more widely. Through examination of original data gathered from detailed interviews with judges, magistrates and other key criminal justice professionals in England and Wales, as well as analysis of legislative and policy interventions, this book discusses the impact of the creation and development of court specialisation and problem-solving justice. This book will be essential reading for students and academics in the fields of criminology, criminal justice, criminal law, socio-legal studies and sociology, as well as for criminal justice practitioners and policy-makers.

This fifth volume in the distinguished series on the history of Canadian law turns to the important issues of crime and criminal justice. In examining crime and criminal law specifically, the volume contributes to the long-standing concern of Canadian historians with law, order, and authority. The volume covers criminal justice history at various times in British Columbia, Ontario, Quebec, and the Maritimes. It is a study which opens up greater vistas of understanding to all those interested in the interstices of law, crime, and punishment.

This book explores current debates in relation to prisoners and their families in the UK, and introduces the reader to relevant theoretical approaches. Interdisciplinary in nature, the book incorporates perspectives drawn from criminology, sociology, social work and law.

This book presents a summary of the key ideas that seek to explain criminal behaviour and the measures that have been developed to prevent crime. A broad overview of the criminal justice system is provided in order to explain the operations of the key criminal justice agencies and the processes that are involved in bringing offenders to justice. Readers are encouraged to develop the basic knowledge they have obtained in these areas by tackling a number of questions, making use of additional reading of key texts suggested in the book. Attention is devoted to key sources from which information regarding crime and the criminal justice system can be explained. Good practice regarding the presentation and assessment of written work is also provided, in particular in connection with referencing. Readers are also introduced to the wide variety of methods that can be used to carry out criminological research and are invited to engage in exercises that include the marking of sample essays and the design of a questionnaire.

Race still matters in Canada, and in the context of crime and criminal justice, it matters a lot. In this book, the authors focus on the ways in which racial minority groups are criminalized, as well as the ways in which the Canadian criminal justice system is racialized. Employing an intersectional analysis, Chan and Chunn explore how the connection between race and crime is further affected by class, gender, and other social relations.The text covers not only conventional topics such as policing, sentencing, and the media, but also neglected areas such as the criminalization of immigration, poverty, and mental illness.