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For many years, American legislatures have been steadily attaching a wide range of legal consequences to convictions—and sometimes even just charges—for crimes that are classified as "violent." These consequences affect many key aspects of the criminal process, including pretrial detention, eligibility for pretrial diversion, sentencing, eligibility for parole and other opportunities for release from incarceration, and the length and intensity of supervision in the community. The consequences can also affect a person's legal status and rights long after the sentence for the underlying offense has been served. A conviction for a violent crime can result in registration requirements, lifetime disqualification from employment in certain fields, and a loss of parental rights, among many other "collateral consequences." While a criminal conviction of any sort relegates a person to a kind of second-class citizenship in the United States, a conviction for a violent crime increasingly seems even more momentous—pushing the person into a veritable third-class citizenship. This Article provides the first systematic treatment of the legal consequences that result from a violence charge or conviction. The Article surveys the statutory law of all fifty states, including the diverse and sometimes surprisingly broad definitions of what counts as a violent crime. While the Article's aims are primarily empirical, concerns are raised along the way regarding the fairness and utility of the growing length and severity of sentences imposed on "violent" offenders and of the increasingly daunting barriers to their reintegration into society.

AbstractSystem avoidance is a concept that individual contact with the criminal legal system causes avoidance of other social institutions. Negative attitudes about the criminal legal system and subsequent mistrust in healthcare systems or providers have only been studied in adults. Therefore, the aim of this study is to explore the association between healthcare utilization and youth-reported negative criminal legal attitudes stratified by gender and race in adolescents. Adolescents from the Future of Families and Child Wellbeing Study self-reported attitudes involving legal cynicism, police legitimacy, and healthcare utilization. Logistic regressions were estimated to examine the associations between youth-reported criminal legal attitudes involving legal cynicism and police legitimacy, healthcare utilization, and sociodemographics. Only among non-white girls were negative criminal legal attitudes significantly associated with reduced likelihood of healthcare utilization during the previous 12 months (aOR = 0.55, p ≤ 0.01). Negative criminal legal attitudes in non-white girls reduced the odds of healthcare utilization, which supports the concept of system avoidance of institutions. This has implications for policymakers as they enact laws on crime and surveillance, especially in minority communities, as views on the criminal legal institution can impact other facets of life. More research is needed to directly explore this relationship beyond cross-sectional studies.

The level of crime associated with domestic violence has been observed in the European Union in recent years. In some countries, for example in France, this is a common problem.The problem of domestic violence is explored in the works of such scientists, as O. Bandurka, A. Blaga, O. Dzhuzha, B. Golovkin, O. Kostenko, R. Perelygina. But the issue of criminal legal counterwork of domestic violence in the countries of the European Union is not researched enough.The experience of criminal legal counterwork of domestic violence in such countries of European Union as the United Kingdom, France, Germany and Poland was researched. It was analyzed criminal laws of Great Britain, France, Germany and Poland, which regulate the counterwork of domestic violence.In our opinion, the positive elements of the system of criminal legal counterwork of domestic violence in the UK is the possibility of prohibiting the contacts of the aggressor with the victim, the failure to admit him to the family home and the possibility of checking the partner on a violent past. In the system of criminal law enforcement of domestic violence in France, it is positive that the crime of marriage or partner is aggravating circumstances for all crimes, the possibility of evicting the offender from home both before and after imprisonment, the criminalization of the incest and the threats of committing a crime against a spouse, a partner who lives with the offender under the civic solidarity agreement. In the system of criminal legal counterwork of domestic violence in Germany, the positive elements are provision for a special norm that establishes criminal liability for theft by relatives or persons living in the same house, criminalization of the incest, the obligation of the offender to leave the home and the possibility of preventing him from staying in certain places, to live in a certain locality or in a certain area. In the system of criminal law enforcement of domestic violence in Poland, positive elements are the creation of a "blue line", the possibility of an immediate extradition without a court order of a child who is being abused.Based on the analysis of the experience of criminal legal counterwork of domestic violence in the United Kingdom, France, Germany and Poland, we consider it is expedient to include in the legislation of Ukraine norms regarding the recognition of the crime of marriage or partner as an aggravating circumstance for all crimes, the possibility of evicting an offender from home as before and after being imprisoned, prohibiting the offender from staying in specified places, residing in a certain settlement of a certain area, the possibility of immediate removal without a court decision of a child who is suffering from severe illness criminality of incest and treats of domestic violence, the possibility of checking a partner at a violent past.Article received 27.02.2019 ; У статті досліджено досвід кримінально-правової протидії домашньому насильству в таких країнах Європейського Союзу, як Велика Британія, Франція, Німеччина та Польща. Розглянуто кримінально-правові норми цих країн, які визначають поняття, види домашнього насильства та перелік осіб, які є потерпілими і кривдниками в контексті кримінального законодавства. Проаналізовано кримінально-правові норми, які регламентують протидію домашньому насильству. Визначено заходи, які застосовуються до кривдників з метою запобігання та протидії домашньому насильству. Досліджено роль та функції поліції в контексті кримінально-правової протидії домашньому насильству. Проаналізовано досвід кримінально-правової протидії домашньому насильству щодо дітей у Польщі. Визначено основні напрями протидії домашньому насильству в Україні, враховуючи відповідний позитивний досвід у Великій Британії, Франції, Німеччині та Польщі.Матеріал надійшов 27.02.2019

The level of crime associated with domestic violence has been observed in the European Union in recent years. In some countries, for example in France, this is a common problem.The problem of domestic violence is explored in the works of such scientists, as O. Bandurka, A. Blaga, O. Dzhuzha, B. Golovkin, O. Kostenko, R. Perelygina. But the issue of criminal legal counterwork of domestic violence in the countries of the European Union is not researched enough.The experience of criminal legal counterwork of domestic violence in such countries of European Union as the United Kingdom, France, Germany and Poland was researched. It was analyzed criminal laws of Great Britain, France, Germany and Poland, which regulate the counterwork of domestic violence.In our opinion, the positive elements of the system of criminal legal counterwork of domestic violence in the UK is the possibility of prohibiting the contacts of the aggressor with the victim, the failure to admit him to the family home and the possibility of checking the partner on a violent past. In the system of criminal law enforcement of domestic violence in France, it is positive that the crime of marriage or partner is aggravating circumstances for all crimes, the possibility of evicting the offender from home both before and after imprisonment, the criminalization of the incest and the threats of committing a crime against a spouse, a partner who lives with the offender under the civic solidarity agreement. In the system of criminal legal counterwork of domestic violence in Germany, the positive elements are provision for a special norm that establishes criminal liability for theft by relatives or persons living in the same house, criminalization of the incest, the obligation of the offender to leave the home and the possibility of preventing him from staying in certain places, to live in a certain locality or in a certain area. In the system of criminal law enforcement of domestic violence in Poland, positive elements are the creation of a "blue line", the possibility of an immediate extradition without a court order of a child who is being abused.Based on the analysis of the experience of criminal legal counterwork of domestic violence in the United Kingdom, France, Germany and Poland, we consider it is expedient to include in the legislation of Ukraine norms regarding the recognition of the crime of marriage or partner as an aggravating circumstance for all crimes, the possibility of evicting an offender from home as before and after being imprisoned, prohibiting the offender from staying in specified places, residing in a certain settlement of a certain area, the possibility of immediate removal without a court decision of a child who is suffering from severe illness criminality of incest and treats of domestic violence, the possibility of checking a partner at a violent past.Article received 27.02.2019 ; У статті досліджено досвід кримінально-правової протидії домашньому насильству в таких країнах Європейського Союзу, як Велика Британія, Франція, Німеччина та Польща. Розглянуто кримінально-правові норми цих країн, які визначають поняття, види домашнього насильства та перелік осіб, які є потерпілими і кривдниками в контексті кримінального законодавства. Проаналізовано кримінально-правові норми, які регламентують протидію домашньому насильству. Визначено заходи, які застосовуються до кривдників з метою запобігання та протидії домашньому насильству. Досліджено роль та функції поліції в контексті кримінально-правової протидії домашньому насильству. Проаналізовано досвід кримінально-правової протидії домашньому насильству щодо дітей у Польщі. Визначено основні напрями протидії домашньому насильству в Україні, враховуючи відповідний позитивний досвід у Великій Британії, Франції, Німеччині та Польщі.Матеріал надійшов 27.02.2019

The level of crime associated with domestic violence has been observed in the European Union in recent years. In some countries, for example in France, this is a common problem.The problem of domestic violence is explored in the works of such scientists, as O. Bandurka, A. Blaga, O. Dzhuzha, B. Golovkin, O. Kostenko, R. Perelygina. But the issue of criminal legal counterwork of domestic violence in the countries of the European Union is not researched enough.The experience of criminal legal counterwork of domestic violence in such countries of European Union as the United Kingdom, France, Germany and Poland was researched. It was analyzed criminal laws of Great Britain, France, Germany and Poland, which regulate the counterwork of domestic violence.In our opinion, the positive elements of the system of criminal legal counterwork of domestic violence in the UK is the possibility of prohibiting the contacts of the aggressor with the victim, the failure to admit him to the family home and the possibility of checking the partner on a violent past. In the system of criminal law enforcement of domestic violence in France, it is positive that the crime of marriage or partner is aggravating circumstances for all crimes, the possibility of evicting the offender from home both before and after imprisonment, the criminalization of the incest and the threats of committing a crime against a spouse, a partner who lives with the offender under the civic solidarity agreement. In the system of criminal legal counterwork of domestic violence in Germany, the positive elements are provision for a special norm that establishes criminal liability for theft by relatives or persons living in the same house, criminalization of the incest, the obligation of the offender to leave the home and the possibility of preventing him from staying in certain places, to live in a certain locality or in a certain area. In the system of criminal law enforcement of domestic violence in Poland, positive elements are the creation of a "blue line", the possibility of an immediate extradition without a court order of a child who is being abused.Based on the analysis of the experience of criminal legal counterwork of domestic violence in the United Kingdom, France, Germany and Poland, we consider it is expedient to include in the legislation of Ukraine norms regarding the recognition of the crime of marriage or partner as an aggravating circumstance for all crimes, the possibility of evicting an offender from home as before and after being imprisoned, prohibiting the offender from staying in specified places, residing in a certain settlement of a certain area, the possibility of immediate removal without a court decision of a child who is suffering from severe illness criminality of incest and treats of domestic violence, the possibility of checking a partner at a violent past.Article received 27.02.2019 ; У статті досліджено досвід кримінально-правової протидії домашньому насильству в таких країнах Європейського Союзу, як Велика Британія, Франція, Німеччина та Польща. Розглянуто кримінально-правові норми цих країн, які визначають поняття, види домашнього насильства та перелік осіб, які є потерпілими і кривдниками в контексті кримінального законодавства. Проаналізовано кримінально-правові норми, які регламентують протидію домашньому насильству. Визначено заходи, які застосовуються до кривдників з метою запобігання та протидії домашньому насильству. Досліджено роль та функції поліції в контексті кримінально-правової протидії домашньому насильству. Проаналізовано досвід кримінально-правової протидії домашньому насильству щодо дітей у Польщі. Визначено основні напрями протидії домашньому насильству в Україні, враховуючи відповідний позитивний досвід у Великій Британії, Франції, Німеччині та Польщі.Матеріал надійшов 27.02.2019

The King's Felons examines the subtle but intentional development of criminal confinement as an alternative to capital punishment in early Tudor England. As the judicial establishment looked for ways to enhance law and order without provoking political opposition, they increasingly turned to two traditional mitigations of criminal punishment: benefit of clergy and sanctuary. Often reviled as corrupt clerical rights which served to undermine secular authority and the rule of law, benefit of clergy and sanctuary in fact provided the justices with room to manoeuvre, allowing them to punish a larger number of felons less harshly while avoiding political scrutiny. The King's Felons explores the evolution of this approach over a period of sixty years, allowing us to see not only the internal development of both law and process, but the ways in which the judicialsystem responded to external pressures.The dissolution of the monasteries between 1536 and 1540, together with the steady erosion of the wealth and power of the bishops, meant that the institutional and financial foundations on which the justices built this system began to crumble as it was reaching fruition. Over the next two decades they scrambled, with limited success, to secure some small vestiges of the system they had built. The epilogue connects the state of the system in the aftermath of this collapse to our existingunderstanding of the system in the later part of the century.Providing the first detailed study of criminal justice in the early Tudor period, The King's Felons highlights the role of the Church in the administration of criminal justice and reframes our understanding of many significant acts of the Reformation parliament. This book is a must-read for students and scholars of Tudor history, legal historians and those interested in the role of the church with regard to politics, law, and crime

This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.

In institutional theory, it is a challenge to explain how rule-setting occurs in transnational contexts with high rule ambiguity and distributed agency. In this article, we address this problem by arguing that emergent and deliberate institutional strategies, though often treated as exclusive opposites, need to be considered in concert. This is demonstrated by analysing transnational law-making in the context of commercial and corporate law. Transnational law-making is thereby conceived as a process driven by the practical problem-solving and sense-making efforts of legal practitioners in large international law firms and international legal associations. Focal actors can exploit the results of this process to deliberately influence the development of law. A concept of two nested cycles of incidental and strategic law-making is employed to explain how dominant influences of common law become interwoven with influences from multiple other legal traditions that eventually trickle up. This article highlights the role of professionals as practice-based experts engaging in practical and political actions, the effects of which shape transnational rule-setting.

In recent years law, crime and justice have become increasingly politicised in Hong Kong. Understanding Criminal Justice in Hong Kong, 2nd Edition offers a detailed and comprehensive overview of and introduction to the criminal justice system in Hong Kong, building upon recent events and controversies. This book provides a much-needed overview of the criminal justice system in Hong Kong, including new chapters on criminological research methods, defining crime, fear of crime, the criminal court system, police power and discretion, and plea bargaining. This revised and expanded second edition: Outlines the basic concepts of criminal law in Hong Kong, Analyses the process of the criminal justice system, ranging from the reporting of a crime through to the correctional system, Examines how criminal justice personnel work in practice, and how they deal with the offenders and victims during the criminal justice process, Invites readers to consider arguments and debates that surround the controversial issues in the Hong Kong criminal justice system. This book is a comprehensive resource for students studying this subject as part of a wider course in criminal justice, police studies, law or social work, and for practitioners working in Hong Kong in the police, prisons, probation, voluntary agencies and other criminal justice personnel. Text features include review questions, lists of cases cited, and useful websites.

Firstly, the author analyses the theory of sovereignty from the point of its birth and then he considers more recent theoretical challenges facing the notion of sovereignty in a globalised world. Particular attention is paid to soft law – that new, formally non-binding source of international law in the light of its factual influence on the desovereignisation of states. The author holds the position that the relativisation of the notion of sovereignty has been a process that began already in the 18th century and that has only additionally accelerated with new challenges posed by globalisation. The author argues for the only possible and proper use of the notion of sovereignty in its original meaning as an absolute, completely unlimited, and indivisible power. On the other hand, he takes a critical approach not only to the theory of constitutional pluralism but also to the ideas of the state's legal sovereignty. He pleads for rejection of separating different aspects of sovereignty, artificially distinguishing between the factual and legal sovereignty, as well as the external and internal sovereignty. While theoretically possible, it is of no practical use because the notion of sovereignty can only be correctly understood as a political and legal illimitability. For all other various modalities and attempts at relativising and grading sovereignty, from the 18th century to this day, different terms should be coined. Being mindful of the situation in most of the present-day states, the author advocates the introduction of the term "pseudo-sovereignty".

This article aims to determine whether mobile payments can be characterized by a legal constant, or common legal meaning. Indeed, mobile payments are a new form of payment system that is shaping the new economy of financial markets. Generally, they are part of the Fintech phenomenon, and they are specifically regulated in Europe, inter alia, under the Payment System Directive and the Regulation on Multilateral Interchange Fees. Nonetheless, those secondary hard law acts do not include any compulsory legal definition for mobile payments, which remain undefined and conventionally identified as means of proximity or remote payments. With that in mind, the article introduces for the first time in comparative law a new concept that aims at discovering meanings rather than similarities and differences that are irremediably limited to a merely descriptive function. To this end, the article argues that each time the constant outside of the law is subsequently recognized as 'legal', it becomes a legal constant, which is in turn capable of effectively revolutionizing the same study of mobile payments as well as of comparative law tout court.