Strafferet

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.

Addressing the relationship between law and the visual, this book examines the importance of photography in Central, East, and Southeast European show trials.The dispensation of justice during communist rule in Albania, East Germany, and Poland was reliant on legal propaganda, making the visual a fundamental part of the legitimacy of the law. Analysing photographs of trials, this book examines how this message was conveyed to audiences watching and participating in the spectacle of show trials. The book traces how this use of the visual was exported from the Soviet Union and imposed upon its satellite states in the immediate aftermath of the Second World War. It shows how the legal actors and political authorities embraced new photographic technologies to advance their legal propaganda and legal photography. Drawing on contemporary theoretical work in the area, the book then challenges straightforward accounts of the relationship between law and the visual, critically engaging entrenched legal historical narratives, in relation to three different protagonists, to offer the possibility of reclaiming and rewriting past accounts. As its analysis demonstrates, the power of images can also be subversive; and, as such, the cases it addresses contribute to the discourse on visual epistemology and open onto contemporary questions about law and its inherent performativity.This original and insightful engagement with the relationship between law and the visual will appeal to legal and cultural theorists, as well as those with more specific interests in Stalinism, and in Central, East, and Southeast European history.

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.

This collection presents a unique and diverse range of contributions on challenges faced by criminal justice in England and Wales in the wake of the Covid-19 global pandemic.The book brings together leading experts to examine the impact of the pandemic on policing and criminal procedure, prisons, and the post-conviction stage of the system. The work further explores the lessons that may be learned and explores the relevance of these lessons for the wider criminal justice system. The reader will gain substantial insight into contemporary challenges in these areas, through original analysis and argument. The experience of England and Wales during the pandemic will also be of interest to the wider international community who will have encountered many of the issues raised in this collection.The book will be essential reading for researchers, academics, and policymakers involved in criminal justice.

It's your first day as a lawyer, and you have to defend the country's most notorious killer . . . From the biggest selling author in Poland comes this stunning legal thriller introducing legendary criminal justice lawyer, Joanna Chylka.

This book examines how major but often under-scrutinised legal, social, and technological developments have affected the transparency and accountability of the criminal justice process. Drawing on empirical and evaluative studies, as well as their own research experiences, the authors explore key legal policy issues such as equality of access, remote and virtual courts, justice system data management, and the roles of public and media observers. Highlighting the implications of recent changes for access to justice, offender rehabilitation, and public access to information, the book proposes a framework for open justice which prioritises public legal education and justice system accountability.

Available open access digitally under CC BY-NC-ND licence. 'Desistance' - understanding how people move away from offending - has become a significant policy focus in recent years, with desistance thinking transplanted from the adult to the youth justice system in England and Wales. This book is the first to critique this approach to justice-involved children, many of whom are yet to fully develop an identity (criminal or otherwise) from which to 'desist'. Featuring voices from academia, policy and practice, this book explores practical approaches to desistance with children in the 'Child First' context. It gives new insights into how children can be supported to move away from offending and proposes reforms to make a meaningful difference to children's lives.

This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases.

This edited volume represents a joint effort by international experts to analyze the prevalence and nature of gender-based domestic violence across the globe and how it is dealt with at both national and international levels. With studies being conducted in 20 different countries and 4 distinct regions, the contributors to this volume shed light on the ways in which contextual particularities shape the practices and strategies of addressing the socio-cultural and legal problem of gender-based domestic violence in the countries or regions where they do research. Special attention is devoted to developing countries where there is a lack of a consistent legal definition of gender-based domestic violence and where violence against women is widely considered a private matter. The authors of the chapters share a common goal of raising public awareness of the significance in nuanced local experiences of women and other individuals from gender and sexual minority groups facing gender-based violence.Furthermore, the authors attend, analytically, to the newly emerging, overlapping influences of COVID-19 and global warming. Their research findings acknowledge and provide a detailed account of how the two ecological and socio-economic crises can combine to produce economic devastation, disconnect victims from necessary social services and assistance, and create a large degree of panic and uncertainty. In addition, they intend to offer insights into next steps to not only adjust existing public policies, legislation, and social services to the ever-changing national and global contexts, but also to make new ones.The book is intended for a wide range of scholars (both professors and students) and practitioners in a large number of areas, including but not limited to criminal justice, criminology, law, human rights, social justice, social work, nursing, sociology, and political or public affairs.

This edited volume represents a joint effort by international experts to analyze the prevalence and nature of gender-based domestic violence across the globe and how it is dealt with at both national and international levels.

This book provides a focused discussion of how families are governed through technologies. It shows how states attempt to influence, shape and govern families as both the source of and solution to a range of social problems including crime.The book critically reviews family governance in contemporary neo-liberal society, notably through technologies of self-responsibilisation, biologisation, and artificial intelligence. The book draws attention to the poor working class and racialised families that often are marked out and evaluated as culpable, dysfunctional, and a threat to economic and social order, obscuring the structural inequalities that underpin family lives and discriminations that are built into the tools that identify and govern families.Filling a gap where disciplinary perspectives cross-cut, this book brings together sociological and criminological perspectives to provide a unique cross-disciplinary approach to the topic. It will be of interest to researchers, scholars and lecturers studying sociology and criminology, as well as policy-makers and professionals working in the fields of early years and family intervention programmes, including in social work, health, education, and the criminologically-relevant professions such as police and probation.

This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure.

This book compares substantive and procedural aspects of compensation for wrongful convictions in European countries and the US, as well as the standard derived from the case law of the European Court of Human Rights. It considers similarities and differences between jurisdictions and assesses the effectiveness of the national compensation schemes.