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This volume is concerned with three structures of criminal law: the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.
Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice.In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample codes of criminal conduct and criminal adjudication which mark a real departure fromthe pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide.
Providing an overview of the sociological approaches to law and criminal justice, this book focuses on how law and the criminal justice system inevitably affect one another, and the ways in which both are intimately connected with wider social forces.
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law.
This volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the "harm principle" may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender's blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure. The structure grown by the common law process competes not only with that of modern comprehensive codifications, such as the America Law Institute's Model Penal Code, but also with alternative structures imagined but not yet tried.
This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
Introduction to the Criminal Justice System: A Practical Perspective examines the basic organization, structure, and function of the criminal justice system, while also illuminating contemporary issues and barriers that can delay, prevent, or impact the system's function of achieving justice. Through stories from the field and discussions of everyday challenges, students are introduced to the criminal justice system through a uniquely practical lens. The text is organized into five parts. In Part I, students learn foundational information about the American criminal justice system, crime and its impact, and criminal law and criminal justice. Part II explores the history of law enforcement, its organization and structure, and police and the law. In Part III, students read about the structure and organization of criminal courts, the pretrial and trial process, and sentencing, including the death penalty. Part IV speaks to community corrections and institutional corrections. Part V provides insights on juvenile justice and delinquency. In the final part, students consider the future of the criminal justice discipline and system. Introduction to the Criminal Justice System is ideal for foundational courses in criminal justice, sociology, and social work. Francis Williams has served as a practitioner, researcher, scholar, public speaker, and educator on issues of prevention programs, security, law enforcement, police and community relations, race and crime, and crime policy for over 38 years. He holds a Ph.D. from Northeastern University, a M.Ed. from Cambridge College, and is the program coordinator and a professor of criminal justice at Plymouth State University. Laura Dykstra is an assistant professor of criminal justice at Plymouth State University. She received her M.A. and Ph.D. in criminology and criminal justice from the University of Maryland, College Park. Her research interests include drug-related crime, mental health, research methodology, and violent crime and victimization, especially among young adults.
A model is developed for analyzing criminal procedure across nations and cultures, and applied to the U.S., France, the U.S.S.R. and China. The model envisions common functions of arrest and detention, screening, charging and defending, trial, sanctioning and appeal. The comparison reveals significant differences between inquisitorial and adversarial systems, including the extent of court authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between noncommunist and communist inquisitorial systems involve personnel who perform each function, degrees of public participation, and the educative-rehabilitative function of the criminal justice process. Criminal Justice Abstracts The Structure of Criminal Procedure presents, for the first time ever, a detailed comparison of the criminal procedures of four major nations--France, the United States, China, and the Soviet Union. In addition, the author also develops his theory on the Morphology of Criminal Procedure which hypothesizes that there is a common structure in every modern procedural system no matter how different it may appear on the surface. He stresses six basic functions inherent in all systems--arrest and trial, detention, screening, charging and defending, trial, sanctioning, and appeal--and he successively analyzes each of them in depth. Practical ways to apply his model are provided along with encouragement for others to engage in new comparative studies, or studies of individual systems, in order to clarify the ways in which the practical demands of society, the legal profession, and legal institutions interact with the functional needs of the system to produce new ways of procedure or new ways of using old procedures.