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McWilliams derides laws against "victimless crimes" like gambling, drug use, prostitution, homosexuality, and seat belt laws.
Hardaway argues the criminalization of victimless crimes violates the Ninth Amendment to the U.S. Constitution and creates enormous public policy problems in the society. He contends that the Ninth Amendment adjudication model and the concepts of self-determination and the harm principle are the standards to which privacy issues should be litigated. Hardaway contends that privacy issues should be litigated under the standards of the Ninth Amendment to the U.S. Constitution adjudication model, concepts of self-determination, and the harm principle. The Ninth Amendment follows the true beliefs of the founding fathers and their adherence to Natural Law, autonomy, liberty, and the right to privacy. This model needs to replace the substantive due process analysis in the realm of personal autonomy issues used by the courts. The recognition of self-determination and the harm principle will provide individuals with the constitutional protection of rights the founding fathers thought to be imperative to an ordered liberty. By seeking to explain American policy on victimless crimes of which drug use is one, Hardaway seeks to stir a vigorous constitutional debate. As he shows, prostitution and gambling raise similar issues, and he questions whether criminalization serves the interests of society. In examining drug use, prostitution, and gambling, Hardaway compares the policy rationales for each of these societal problems with a view towards creating a general theory of decriminalization. An important analysis for scholars, students, researchers, and public policy makers involved with constitutional law and contemporary criminal law concerns.
"A courageous victim lending her story to advance the cause of an ever-growing number of victims of terrorism. A must-read for policymakers and for anyone who wants to learn about the consequences of terrorism. A passionate one-of-a-kind human rights book."--Zeid Ra'ad Al Hussein, United Nations High Commissioner for Human Rights *** On August 19, 2003, Laura Dolci lost her husband, Jean-Selim Kanaan, in the terrorist attack against the United Nations headquarters in Baghdad, Iraq. They were a couple of young humanitarians who had met in war-torn Bosnia. On the day of the blast, he was 33, she was 33. Their son was 28 days old. "A Victimless Crime?" juxtaposes the author's personal story with thorough research on victims of terrorism, whom she calls "the silent protagonists of our times." Today, victims of terrorism are in all continents and belong to all communities, races, genders, ages, professional backgrounds, and creeds. Yet, in most countries they are not recognized or assisted. At the international level, little has been achieved for their acknowledgment and assistance. In a problem 'without passports,' as is global terrorism today, the author argues that victims fall increasingly between the cracks as if they were everybody's and, paradoxically, nobody's responsibility. This book brings them to the fore, taking the reader through the experience of victims of terrorism. It convincingly makes the case for greater understanding and action by states, civil society, and the UN. [Subject: Criminal Law, Security Studies, Terrorism]
Discusses crimes that do not harm anyone other than the offender, and the costs generated from arresting and incarcerating these individulas.
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Over the last twenty-five years the significance of criminal justice has dramatically changed. In a "post-modern" culture, criminal law serves more and more as a focal point in public morality. The "discovery" of the victim of crime can be seen as the marking point by which criminal justice got its central position in the maintenance of social order. It is the result of a general "victimalization" of today's morality. This ingenious book - according to Michael Tonry - combines insights from criminology, sociology and moral philosophy. It is especially inspired by the work of Richard Rorty, who stresses the sensibility for suffering as the major source of morality in post-modern times. It describes the arousal of attention for victims and the development of crime prevention. More specifically, it analyzes child sexual abuse and prostitution. This "illuminating" book will be an eye-opener for theorists in criminology and moral philosophy, but will also be an inspiring work for policy makers in the area of criminal justice.
"A crucial text for whetting the academic appetite of those studying criminology at university. The comprehensive engagement with key crime and deviance debates and issues make this a perfect springboard for launching into the complex, diverse and exciting realm of researching criminology." - Dr Ruth Penfold-Mounce, University of York "Essential reading for those new to the discipline and an invaluable reference point for those well versed in criminology and the sociology of crime and deviance." - Dr Mark Monaghan, University of Leeds Key Concepts in Crime and Society offers an authoritative introduction to key issues in the area of crime as it connects to society. By providing critical insight into the key issues within each concept as well as highlighted cross-references to other key concepts, students will be helped to grasp a clear understanding of each of the topics covered and how they relate to broader areas of crime and criminality. The book is divided into three parts: Understanding Crime and Criminality: introduces topics such as the social construction of crime and deviance, social control, the fear of crime, poverty and exclusion, white collar crime, victims of crime, race/gender and crime. Types of Crime and Criminality: explores examples including human trafficking, sex work, drug crime, environmental crime, cyber crime, war crime, terrorism, and interpersonal violence. Responses to Crime: looks at areas such as crime and the media, policing, moral panics, deterrence, prisons and rehabilitation. The book provides an up-to-date, critical understanding on a wide range of crime related topics covering the major concepts students are likely to encounter within the fields of sociology, criminology and across the social sciences.