Civilising Criminal Justice

Civilising Criminal Justice PDF Author: David J. Cornwell
Publisher: Waterside Press
ISBN: 1904380042
Category : Law
Languages : en
Pages : 571

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Book Description
Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a 'break-through' in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. 'Civilising' criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice - in its various forms - can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be 'civilised' and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable. David Cornwell, John Blad and Martin Wright are three of the leading international experts on this topic with many publications to their names individually. Contributors: Serge Gutwirth and Paul De Hert (Belgium), Federico Reggio (Italy), Bas van Stokkom (The Netherlands), Lode Walgrave (Belgium), Susan Easton and Christine Piper (UK), Louis Blom-Cooper QC (UK), Tapio Lappi-Seppälä (Finland), Thomas Trenczek (Germany), Jean-Pierre Bonafé-Schmitt (France), Per Andersen (Norway), Claire Spivakovsky (Australia), Ann Skelton (Republic of South Africa), Borbála Fellegi (Hungary), Judge Fred McElrea (New Zealand); and the editors. John Braithwaite is a Distinguished Professor at the Australian National University, author of ground-breaking works on restorative justice and recipient of various awards.

Civilising Criminal Justice

Civilising Criminal Justice PDF Author: David J. Cornwell
Publisher: Waterside Press
ISBN: 1908162511
Category : Law
Languages : en
Pages : 571

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Book Description
Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a ‘break-through’ in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. ‘Civilising’ criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice – in its various forms – can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be ‘civilised’ and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable.

Doing Justice Better

Doing Justice Better PDF Author: David J. Cornwell
Publisher: Waterside Press
ISBN: 1904380344
Category : Law
Languages : en
Pages : 212

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Book Description
With an escalating number of criminals going to prison, longer sentences, overcrowded and ineffective regimes, high rates of re-offending and an eclectic penal policy, there is a prison crisis. In this book, the author argues that this penal malaise is grounded in media sensationalism of crime and the need of politicians and their advisers to retain electoral credibility. Change is long overdue, but it requires a fresh, contemporary penology based on restorative justice. This book challenges the status quo, asks 'different questions' and places victims of crime at the centre of the criminal justice process.

Violence and Punishment

Violence and Punishment PDF Author: Pieter Spierenburg
Publisher: John Wiley & Sons
ISBN: 0745663982
Category : Social Science
Languages : en
Pages : 349

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Book Description
This innovative book tells the fascinating tale of the long histories of violence, punishment, and the human body, and how they are all connected. Taking the decline of violence and the transformation of punishment as its guiding themes, the book highlights key dynamics of historical and social change, and charts how a refinement and civilizing of manners, and new forms of celebration and festival, accompanied the decline of violence. Pieter Spierenburg, a leading figure in historical criminology, skillfully extends his view over three continents, back to the middle ages and even beyond to the Stone Age. Ranging along the way from murder to etiquette, from social control to popular culture, from religion to death, and from honor to prisons, every chapter creatively uses the theories of Norbert Elias, while also engaging with the work of Foucault and Durkheim. The scope and rigor of the analysis will strongly interest scholars of criminology, history, and sociology, while the accessible style and the intriguing stories on which the book builds will appeal to anyone interested in the history of violence and punishment in civilization.

Civilizing Security

Civilizing Security PDF Author: Ian Loader
Publisher: Cambridge University Press
ISBN: 1139464647
Category : Social Science
Languages : en
Pages : 9

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Book Description
Security has become a defining feature of contemporary public discourse, permeating the so-called 'war on terror', problems of everyday crime and disorder, the reconstruction of 'weak' or 'failed' states and the dramatic renaissance of the private security industry. But what does it mean for individuals to be secure, and what is the relationship between security and the practices of the modern state? In this timely and important book, Ian Loader and Neil Walker outline and defend the view that security remains a valuable public good. They argue that the state is indispensable to the task of fostering and sustaining liveable political communities in the contemporary world and thus pivotal to the project of civilizing security. This is a major contribution by two leading scholars in the field and will be of interest to anyone wishing to deepen their understanding of one the most significant and pressing issues of our times.

Restoring Respect for Justice

Restoring Respect for Justice PDF Author: Martin Wright
Publisher: Waterside Press
ISBN: 1906534683
Category : Social Science
Languages : en
Pages : 258

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Book Description
Challenges many 'sacred cows' of crime and punishment by focusing on the effect on the people who suffer directly, the victims. This book points to the dangers of a punitive mindset and reflects on the arguments and data in favour of an effective, inclusionary, community-based response to crime.

Criminal Law and the Man Problem

Criminal Law and the Man Problem PDF Author: Ngaire Naffine
Publisher: Bloomsbury Publishing
ISBN: 1509918027
Category : Law
Languages : en
Pages : 376

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Book Description
Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power.

Sentencing and Punishment

Sentencing and Punishment PDF Author: Emeritus Professor of Law Susan Easton
Publisher: Oxford University Press
ISBN: 0192863290
Category :
Languages : en
Pages : 593

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Book Description
Examining the theory behind the headlines and engaging with current debates, this new edition provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers and researchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining clear and succinct, the authors deliver a balanced approach to the subject. Chapter summaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked and restructured, this fifth edition has been updated to include developments such as the Sentencing Act 2020 and changes following the 2019 general election. This is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.

Criminal Justice in Hong Kong

Criminal Justice in Hong Kong PDF Author: Carol Jones
Publisher: Taylor & Francis
ISBN: 1135390827
Category : Law
Languages : en
Pages : 592

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Book Description
Containing a wealth of archival material and statistical data on crime and criminal justice, Criminal Justice in Hong Kong presents a detailed evaluation of Hong Kong’s criminal justice system, both past and present. Exploring the justice system and the perceptions of popular culture, this book demonstrates how the current criminal justice system has been influenced and shaped over time by Hong Kong’s historical position between ‘East’ and ‘West’. Jones and Vagg’s examination of the justice system not only takes into account geographical changes, like the erection of the border with communist China in 1950 but also insists that any deep understanding of the current system requires a dialogue with the rich and complex narratives of Hong Kong’s history. It explores a range of questions, including: How were Hong Kong's criminal justice institutions and practices formed? What has been its experience of law and order? How has Hong Kong's status as between 'East' and 'West' affected its social, political and legal institutions? Careful and detailed, this analysis of one of the most economically successful, politically stable and safe yet frequently misrepresented cities, is a valuable addition to the bookshelves of all undergraduate and postgraduate students studying Asian law.

Criminology, Civilisation and the New World Order

Criminology, Civilisation and the New World Order PDF Author: Wayne Morrison
Publisher: Routledge
ISBN: 1135331111
Category : Law
Languages : en
Pages : 428

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Book Description
Expertly authored by the co-editor of the best-selling text Cultural Criminology Unleashed, this book re-examines criminology in a global context. Wide-ranging and up-to-date, it covers the topics of colonialism and post-colonialism, genocide, state control, the impact of September 11th and the post-9/11 world. Exploring the relationship between a modern discipline and modernity, it reworks the history and composition of criminology in light of September 11th and the prevalence of genocide in modernity. Analizing statistics, anthropology and the everyday assumptions of criminology's history, this text addresses the political and scholarly grip on the territorial state and the absence of a global criminology. Rejecting the prevalent belief that September 11th and the responses it evoked were exceptions that either destroyed or revealed the absence of global legal order, the author argues that, in fact, they confirm the nature of the world order of modernity. A compelling and topical volume, this is a must read for anyone interested or studying in the areas of criminology and criminal justice.

The Legacy of Nuremberg

The Legacy of Nuremberg PDF Author: David A. Blumenthal
Publisher: Martinus Nijhoff Publishers
ISBN: 9004156917
Category : Law
Languages : en
Pages : 365

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Book Description
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.