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This book provides a broad summary of American criminal justice in a time of great concern about solutions to the current crime epidemic. Allen suggests that the way to a more effective penal policy can be found by a closer adherence to the law rather than the current trend to bypass certain laws in the name of the "war on crime".
HauptbeschreibungThe path towards Securitized Societies reconstructs this paradigm shift by looking at penal law and the criminal justice system. Over a time span of 40 years, the development from a social-integrative penal law of the welfare state to the preventive state to the securitized society is followed from the perspective of a criminologist and professor of penal law. The novelty lies in the perspective of the participating observer who comments on the criminal justice system not from the lectern but who ventures into the system and reports from experience, whether at the very end of the process of law enforcement in discussions with prisoners with life-long sentences, at the beginning of the process by tracing police strategies of prevention, or in the area of criminal policy by participating in parliamentary expert commissions or legislative processes. In retrospect, the observed legal developments show an erosion of the rule-of-law state. The shift from the preventive state to the securitized society is imbedded in global processes of change which endanger the individual's freedom and dignity and which equally affect global society and national societies. The general feeling of insecurity and lack of orientation created by these processes for broad parts of the population can no longer be restrained with the methods of individualizing social controls of the traditional kind - penal law. This insecurity brings forth forms of control which eat away at the rule of law in a securitized society which, for its apparent protection, is prepared to give up its foundations in the rule of law in favor of an ostensible security. This phenomenon is not restricted to Germany, but the country serves as an example case study for global processes of legal erosion - with the background of the unilateral development of leadership.
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.
Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.
The Citizen and the State examines the conflict between criminal justice and civil liberties from a critical criminology perspective. It argues that far from being a search for truth or justice, contemporary criminal justice represents the power of the state against the individual.
This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.