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Focusing on three key stages of the criminal justice process, discipline, punishment and desistance, and incorporating case studies from Asia, the Americas, Europe, Africa and Australia, the thirteen chapters in this collection are based on exciting new research that explores the evolution and adaptation of criminal justice and penal systems, largely from the early nineteenth century to the present. They range across the disciplinary boundaries of History, Criminology, Law and Penology. Journeying into and unlocking different national and international penal archives, and drawing on diverse analytical approaches, the chapters forge new connections between historical and contemporary issues in crime, prisons, policing and penal cultures, and challenge traditional Western democratic historiographies of crime and punishment and categorisations of offenders, police and ex-offenders. The individual chapters provide new perspectives on race, gender, class, urban space, surveillance, policing, prisonisation and defiance, and will be essential reading for academics and students engaged in the study of criminal justice, law, police, transportation, slavery, offenders and desistance from crime.
The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.
As crime increasingly crosses national boundaries, and international co-operation takes firmer shape, so the development of ideas and policy on the control of crime has become an increasingly international and transnational affair. This book is concerned both with the very specific issue of 'policy transfer' within the crime control arena, and with the issues raised by a more broadly conceptualized idea of comparative policy analysis.
Provides a key textbook on the nature of international and transnational crimes and the delivery of justice for crime control and prevention.
Trafficking Culture outlines current research and thinking on the illicit market in antiquities. It moves along the global trafficking chain from ‘source’ to ‘market’, identifying the main roles and routines involved. Using original research, the authors explore the dynamics of this ‘grey’ market, where legal and illegal goods are mixed and conflated. It compares and contrasts this illicit trade with other ‘transnational criminal markets’, such as the illegal trades in wildlife and diamonds. The analytical frames of organized crime and white-collar crime, drawn from criminology, provide a fresh perspective on a problem that has tended to be seen as archaeological, rather than criminological. Bringing insights from both disciplines together, this book represents a productive discourse between experts in these two fields, working together for several years to produce the evidence base that is reported here. Innovative forms of regulation are the most productive way to explore crime control in this field, and this book provides a series of propositions about practical crime reduction measures for the future. It will be invaluable to academics working in the fields of archaeology, criminology, art history, museum studies, and heritage. The book will also be a vital resource for professionals in the field of cultural property protection and preservation.
Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.
Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes.
This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.
National borders are permeable to all types of illicit action and contraband goods, whether it is trafficking humans, body parts, digital information, drugs, weapons, or money. Whilst criminals exist in a borderless world where territorial boundaries allow them to manipulate different markets in illicit goods, the authorities who pursue them can remain constrained inside their own jurisdictions. In a new edition of his ground-breaking work, Boister examines how states must cooperate to tackle some of the greatest security threats in this century so far, analyses to what extent vested interests have determined the course of global policy and law enforcement, and illustrates how responding to transnational crime itself becomes a form of international relations which reorders global political power and becomes, at least in part, an end in itself. Arguing that transnational criminal law is currently geared towards suppressing criminal activity, but is not as committed to ensuring justice, Boister suggests that it might be more strongly influenced by individual moral panics and a desire for criminal retribution than an interest in ensuring a proportional response to offences, protection of human rights, and the preservation of the rule of law.
This pioneering study looks across key trafficking crimes to develop a social theory of transnational criminal markets. These include human trafficking, drug dealing, and black markets in wildlife, diamonds, guns and antiquities, The author offers an in-depth analysis of structural similarities and differences within illicit trade networks, and explores the economic underpinnings which drive global trafficking. Revealing how traffickers think of their illegal enterprises as ‘just business’, he draws broader lessons for the ways forward in understanding criminality in this emerging field.