Suchergebnisse

Introduction: women and crime or gender and crime? -- Theory -- Criminology, victimology and feminism -- Criminology, victimology and masculinism -- Practice -- Fear, risk and security -- Gendering (sexual) violence(s) -- Policy -- Policing gender based violence : men's work and policing men -- Gender, law and criminal justice policy -- Conclusion: reflections on gender, crime and criminal justice

This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced--and that continue to influence--this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: the history of international criminal law; the subjects of international criminal law; transitional justice and international criminal justice; genocide, crimes against humanity, war crimes and the crime of aggression; sexual and gender-based crimes; international and hybrid criminal tribunals; sentencing under international criminal law; and the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

American criminal justice systems blend elected or politically appointed leaders with career civil servants. This organizational hybrid creates challenges at the intersection of democratic accountability and enforcement discretion. In moments of stasis in the politics of criminal justice, those challenges are largely invisible: the public, elected officials, and civil servants generally share a unity of interest, borne of like-minded policy commitments that have developed over time. But in moments of political transition—that is, when public preferences on criminal justice policy are in flux—the relationship between bureaucracy and democracy can be fraught. Public demand for change may or may not accord with the commitments, ideals, and culture of the bureaucracy's front-line actors. Elected leaders are voted in with high expectations for transformative change, but may be stymied by institutional resistance to it. The bureaucracy, in turn, may seek to alter the political narrative that is fueling the political transition, further complicating the democratic process. And in a system in which criminal lawmaking and enforcement power is spread across three different levels of government—local, state, and federal—with overlapping authority yet different constituencies, the complexity of interplay between "public" and bureaucracy deepens. Across America, a growing number of jurisdictions are entering moments of political transition in criminal justice. This Article explores the political and institutional arrangements that alternatively impede, permit, or even accelerate a resulting change in criminal enforcement on the ground. Drawing on the democracy/bureaucracy framework developed in the fields of political theory and public administration, the Article considers how these fields and others can enrich our understanding of current political and institutional dynamics in American criminal justice. The Article then reflects on these dynamics' implications for democratic responsiveness and systemic legitimacy, arguing, counterintuitively, that the very features of the democracy/bureaucracy relationship capable of slowing democratically sanctioned change in criminal enforcement can also end up hastening political shifts; and that, properly leveraged, the criminal enforcement bureaucracy can help realize deliberative and participatory democratic ideals.

Bill Tendy was already a legend among federal prosecutors when I first served as an Assistant United States Attorney for the Southern District of New York in the early 1980s. To us youngsters, Bill even then seemed a survivor from another era, when prosecutors really did resemble the tough-talking Hollywood DAs played by actors like Brian Donleavy – while we felt more like insecure young lawyers who should be played by Michael J. Fox or Calista Flockhart. Partly, of course, this was just a function of age and experience; hard as it was to imagine, there must have been a time when Bill too was young and new to tie job – though probably not insecure. Partly, though, it was a function of tie fact that Bill's experience did indeed read back to an era, before the innovations of the Warren Court, when law enforcement had a different, and somewhat rougher, style, and prosecutors were unambiguously associated with that style. In the fall, the Fordham University School of Law will hold a symposium in honor of Bill Tendy, called "Tie Changing Role of the Federal Prosecutor." The following essay suggests that this symposium is timely indeed, and that prosecutors today should be conceived as occupying a very different role from tie one they played when Bill began in tie business. Although the developments I discuss are not limited to federal prosecutions, they are most pronounced in the federal system, particularly in white-collar cases in districts containing major cities. I do not know that Bill approved of all tie changes in the criminal justice system that he witnessed in tie course of his long career, but I do know that he understood the process of change, and the need of the system, and of those who work within it, to adapt to the inevitable evolution of the legal order in response to social and political change.