Juridiske aspekter ved kriminologi

This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice.The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond.The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.

This volume is a collation of articles on counter forensics practices and digital investigative methods from the perspective of crime science. The book also shares alternative dialogue on information security techniques used to protect data from unauthorised access and manipulation.Scandals such as those at OPCW and Gatwick Airport have reinforced the importance of crime science and the need to take proactive measures rather than a wait and see approach currently used by many organisations. This book proposes a new approach in dealing with cybercrime and unsociable behavior involving remote technologies using a combination of evidence-based disciplines in order to enhance cybersecurity and authorised controls. It starts by providing a rationale for combining selected disciplines to enhance cybersecurity by discussing relevant theories and highlighting the features that strengthen privacy when mixed. The essence of a holistic model is brought about by the challenge facing digital forensic professionals within environments where tested investigative practices are unable to provide satisfactory evidence and security. This book will be of interest to students, digital forensic and cyber security practitioners and policy makers. It marks a new route in the study of combined disciplines to tackle cybercrime using digital investigations and crime science.

The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics.This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market.The book will be a valuable guide for academics, students and policy-makers.

Der Naturrechtsgedanke erlebte nach 1945 eine "Renaissance". Die überwiegende Zahl wissenschaftlicher Beiträge setzt sich mit damaligen Diskussionen über Naturrecht innerhalb rechtsphilosophischer und kirchlicher Kreise auseinander. Aber wie stand es um die Rechtspraxis, die über konkrete Taten und Täter zu entscheiden hatte? Hannah Toprak analysiert wann, wo, mit welchen juristischen Instrumenten und mit welchen Folgen man sich bei der Aburteilung von NS-Verbrechen auf Argumente des Naturrechts stützte. Umfassend berücksichtigt sie hierbei den historischen, rechtsdogmatischen und philosophischen Kontext. Die Autorin zeigt unter Einbeziehung von rund 200 einschlägigen Entscheidungen auf, dass die Zwecke, Effekte und Gründe der Heranziehung des Arguments vielseitig und konträr, überwiegend aber ernüchternd bis erschütternd sind.

This collection considers the implications for privacy of the utilisation of new technologies in the criminal process. The threat that technology poses to privacy interests demands critical re-evaluation of current law, policy, and practice. This is provided by the contributions to this volume.

Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment.The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent that it fails to politicize the conflict and give voice to victims, the book shows how it has resulted in becoming just a new version of penal alternatives with correctionalist content. Moving away from traditional criminal justice language and also from conservative approaches to restorative justice, the author argues that the communicative potential of the transformative kind of redress can be dissociated from the unproved assumption that legal punishment is essential or even likely to achieve justice or deterrence. The arguments are grounded in the Brazilian reality, where life is marked by deep social inequalities and a high level of police violence. By providing a review of the literature on restorative justice, transformative justice, and abolitionism, the book contextualizes the abolitionist debate in Brazil and its history in the 19th century.Penal Abolitionism and Transformative Justice in Brazil is important reading for students and scholars who study punishment and penal abolitionism, to think about what it is possible to do in societies so deeply marked by social injustice and a history of oppression.

The book provides a pentapartite theoretical analysis of socio-economic factors as the grand basis for the evolution of Boko Haram terrorism in Nigeria. It describes the terrorism as a by-product of unresolved conflict emanating from unequal hegemonic power exchange with respect to the non-fulfillment of socio-economic goals between the political state and the citizenry.Rather than follow the popular notion of religion as the root causes of Boko Haram crisis, the book widens its scope to cover terrorism as a whole with a view to laying a more viable foundation for its readers to understand the concept of terrorism, provoking causes and perspectives, as well as influential factors that may interplay to sustain extremist terrorism in contemporary global society. Using Boko Haram as a potentially useful model, the book contends that the discursive framework of terrorism cannot be isolated from its socio-economic perspectives. In view of the foregoing, the simplistic response to resolving terrorism crisis in Nigeria still lies at the heart of ameliorating the socio-economic conditions of the citizens via the political state.The book will be appropriate for individuals whose interests are vested on terrorism and homeland security, terrorism and counterterrorism studies, criminal justice and organized crime, terrorism and political violence, African politics, peace and conflict resolution as well as security and conflict management. Counter-terrorism experts, policy makers, academic scholars, intelligence and security operatives will also find this book resourceful. Ultimately, as interest in terrorism studies continues to grow exponentially among Sociologists, Anthropologists and Criminologists, it is my utmost quest to provide the most invaluable themes and updated theories in terrorism research for use by independent researchers, students and academics seeking to advance empirically and theoretically driven research in the fields of terrorism, homeland security and related crimes.

This book explores and explains how traditional and alternative media have framed the issues of gun trafficking into Mexico, drug-related violence, and spillover violence. It reveals how gun trafficking and drug-related violence are social problems for Mexico, while spillover violence is portrayed as a moral panic for the US.Readers will gain a better understanding of how the media portrays and frames the criminal activity that is occurring in Mexico and how it impacts the US. The book analyzes national newspapers from both sides of the US-Mexico border-The New York Times and El Universal-and draws on a theoretical framework of moral panics, social problems, and cultivation theory. It reveals six framing devices, "the blame game," "worthy and unworthy victims," "positive aspects," "negative aspects of gun trafficking," "indirect mention of gun trafficking," and "direct mention of gun trafficking," which are utilized by The New York Times and El Universal to discuss and frame the issue of gun trafficking into Mexico and its impact on Mexico's border violence.Mexico's Drug-Related Violence will be of great interest to students and scholars interested in the perception of media and crime, as well as those researching the topic of drug cartels and drug-related violence.

Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations.The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe - from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes - Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of 'justice' behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals.With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.

This book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy.Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries' different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of 'robust' implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why such policies are more robust in some settings than in others. In doing so, it provides a holistic account of post-transitional justice outcomes, offering more general conclusions and insights about the study of the drivers of transitional justice.This book will appeal to scholars and students of transitional justice in politics, law, and sociology, as well as to policymakers involved in the implementation and administration of transitional justice measures.