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Criminal Justice and Corruption

Author: Graham Brooks
Publisher: Springer
ISBN: 3030160386
Category : Social Science
Languages : en
Pages : 260

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Book Description
This book highlights and examines the level, reach and consequences of corruption in international criminal justice systems. The book argues that corruption in and of criminal justice is an international problem regardless of the jurisdiction and type of political system – democratic, dictatorship or absolute monarchy. It argues that state power combined with the privatization of criminal justice and its policing, custodial institutions and community rehabilitation services is a vast industry within, and across, international jurisdictions that are worth substantial state fund. Criminal Justice and Corruption explains how different theoretical approaches highlight the problem of preventing corruption, discusses the problem of measuring criminal justice corruption, and focuses on individual criminal justice institutions. For each institution Brooks covers key literature and discusses the issues that they face, with a conclusion that reflects on the level and reach of corruption in criminal justice and whether it can maintain its legitimacy, particularly in democratic states.

Corruption and Criminal Justice

Author: Tina Søreide
Publisher: Edward Elgar Publishing
ISBN: 1784715980
Category : Business & Economics
Languages : en
Pages : 281

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Book Description
Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk. Tina Søreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming ‘façade strategies’ that may, in fact facilitate corruption. Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.

Police Corruption

Author: Maurice Punch
Publisher: Routledge
ISBN: 1134028148
Category : Social Science
Languages : en
Pages : 297

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Book Description
Policing and corruption are inseparable. This book argues that corruption is not one thing but covers many deviant and criminal practices in policing which also shift over time. It rejects the 'bad apple' metaphor and focuses on 'bad orchards', meaning not individual but institutional failure. For in policing the organisation, work and culture foster can encourage corruption. This raises issues as to why do police break the law and, crucially, 'who controls the controllers'? Corruption is defined in a broad, multi-facetted way. It concerns abuse of authority and trust; and it takes serious form in conspiracies to break the law and to evade exposure when cops can become criminals. Attention is paid to typologies of corruption (with grass-eaters, meat-eaters, noble-cause); the forms corruption takes in diverse environments; the pathways officers take into corruption and their rationalisations; and to collusion in corruption from within and without the organization. Comparative analyses are made of corruption, scandal and reform principally in the USA, UK and the Netherlands. The work examines issues of control, accountability and the new institutions of oversight. It provides a fresh, accessible overview of this under-researched topic for students, academics, police and criminal justice officials and members of oversight agencies.

Judicial Integrity

Author:
Publisher: BRILL
ISBN: 9047413717
Category : Law
Languages : en
Pages : 321

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Book Description
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Modern Bribery Law

Author: Jeremy Horder
Publisher: Cambridge University Press
ISBN: 110735496X
Category : Law
Languages : en
Pages : 383

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Book Description
The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

Combating Corruption

Author: John Hatchard
Publisher: Edward Elgar Publishing
ISBN: 9781781004487
Category : Administrative law
Languages : en
Pages : 0

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Book Description
This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.' - Patrick McAuslan, Birkbeck University of London, UK Drawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts. John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels. This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector. Contents Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index

Copping Out

Author: Anthony Stanford
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Law
Languages : en
Pages : 209

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Book Description
A Chicago journalist reveals how pervasive police misconduct, brutality, and corruption are changing the perspective of the criminal justice system and eroding the morals of the American people. In this shocking yet fascinating volume, an award-winning Chicago journalist goes behind the headlines to provide a far-reaching analysis of brutality, vice, and corruption among men and women who have sworn to serve and protect. This timely book draws on actual cases to examine the widespread phenomenon of corruption inside law enforcement agencies. It looks at the effort of criminal elements and gangs to infiltrate police departments and the criminal justice system, and it discusses how vigilante justice is encouraged by claims of police misconduct. Of particular importance to readers, the book also exposes the trickle-down effect of police corruption as it affects American values and society as a whole. But the news is not all bad. Police departments across the nation are fighting back against abuse of power, and the author sheds light on the escalating battle they are waging against rogue police officers involved in criminal activity. Through Stanford's investigative work and firsthand interviews with leading law enforcement professionals, readers will be privy to the backstory of the struggle of police commands to insulate their departments against the criminality and corruption so prevalent today.

Police Ethics

Author: Michael A. Caldero
Publisher: Routledge
ISBN: 1317522044
Category : Law
Languages : en
Pages : 368

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Book Description
This book provides an examination of noble cause, how it emerges as a fundamental principle of police ethics and how it can provide the basis for corruption. The noble cause — a commitment to "doing something about bad people" — is a central "ends-based" police ethic that can be corrupted when officers violate the law on behalf of personally held moral values. This book is about the power that police use to do their work and how it can corrupt police at the individual and organizational levels. It provides students of policing with a realistic understanding of the kinds of problems they will confront in the practice of police work.

On Corruption in America

Author: Sarah Chayes
Publisher: Vintage
ISBN: 0525654860
Category : Political Science
Languages : en
Pages : 432

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Book Description
From the prizewinning journalist and internationally recognized expert on corruption in government networks throughout the world comes a major work that looks homeward to America, exploring the insidious, dangerous networks of corruption of our past, present, and precarious future. “If you want to save America, this might just be the most important book to read now." —Nancy MacLean, author of Democracy in Chains Sarah Chayes writes in her new book, that the United States is showing signs similar to some of the most corrupt countries in the world. Corruption, she argues, is an operating system of sophisticated networks in which government officials, key private-sector interests, and out-and-out criminals interweave. Their main objective: not to serve the public but to maximize returns for network members. In this unflinching exploration of corruption in America, Chayes exposes how corruption has thrived within our borders, from the titans of America's Gilded Age (Andrew Carnegie, John D. Rockefeller, J. P. Morgan, et al.) to the collapse of the stock market in 1929, the Great Depression, and FDR's New Deal; from Joe Kennedy's years of banking, bootlegging, machine politics, and pursuit of infinite wealth to the deregulation of the Reagan Revolution--undermining this nation's proud middle class and union members. She then brings us up to the present as she shines a light on the Clinton policies of political favors and personal enrichment and documents Trump's hydra-headed network of corruption, which aimed to systematically undo the Constitution and our laws. Ultimately and most importantly, Chayes reveals how corrupt systems are organized, how they enable bad actors to bend the rules so their crimes are covered legally, how they overtly determine the shape of our government, and how they affect all levels of society, especially when the corruption is overlooked and downplayed by the rich and well-educated.

Intersections of Law and Culture at the International Criminal Court

Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 9781839107290
Category :
Languages : en
Pages : 456

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Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court's future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.