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Author: Vincent Del Castillo Publisher: ISBN: 9781611630640 Category : Criminal justice, Administration of Languages : en Pages : 0
Book Description
The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.
Author: Vincent Del Castillo Publisher: ISBN: 9781611630640 Category : Criminal justice, Administration of Languages : en Pages : 0
Book Description
The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.
Author: Austin Sarat Publisher: Stanford University Press ISBN: 0804771707 Category : Law Languages : en Pages : 201
Book Description
This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.
Author: Joseph F. Zimmerman Publisher: Lexington Books ISBN: 0739198076 Category : Political Science Languages : en Pages : 206
Book Description
This book reviews the impact of congressional federalization of state criminal laws. Zimmerman offers recommendations on how to address the issues created by such federal actions at both the national and state levels.
Author: Vincent Del Castillo Publisher: Carolina Academic Press LLC ISBN: 9781531013424 Category : Administrative law Languages : en Pages : 0
Book Description
The second editon of The Impact of Regulatory Criminal Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory criminal law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are regulatory criminal laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory criminal laws, particularly those dealing with drugs, prostitution, and firearms and the evolution of their enforcement over time. The effect of regulatory criminal law enforcement on each part of the criminal justice system, the police, courts and corrections, is examined in the second section of the book. The final section provides insight into societal outcomes associated with the enforcement of regulatory criminal laws. The book reveals a number of unanticipated consequences resulting from regulatory criminal laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process all violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process, thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Nevertheless, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory criminal law include police corruption, overcrowded prisons, and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates, and the perpetuation of a social underclass.
Author: John Braithwaite Publisher: Oxford University Press, USA ISBN: 0195158393 Category : Business & Economics Languages : en Pages : 334
Book Description
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.
Author: D. Scott Broyles Publisher: ISBN: 9789041158826 Category : Criminal law Languages : en Pages : 0
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in the USA. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with the USA. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
Author: Marc Veenbrink Publisher: Kluwer Law International B.V. ISBN: 9403514418 Category : Law Languages : en Pages : 506
Book Description
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author: Fiona Haines Publisher: Routledge ISBN: 1351126059 Category : Law Languages : en Pages : 816
Book Description
This volume brings together key articles in the burgeoning field of regulation. The collection is interdisciplinary, in keeping with study of regulation itself, yet the book arranges and explores these articles to make the bewildering array of issues and concepts that comprise the study of regulation comprehensible to a criminological audience. It will be of interest to all scholars and students of criminology and criminal justice, as well as those concerned with reducing the crimes and harms of the powerful.
Author: Hannah Quirk Publisher: Cambridge University Press ISBN: 113949399X Category : Law Languages : en Pages : 343
Book Description
While regulatory institutions and strategies have been the subject of increasing academic attention, there has been limited application of regulatory theories to criminal justice scholarship. This collection of essays from a range of outstanding international scholars adopts a critical, inter-disciplinary approach, providing an innovative application of regulatory theory to the practice of criminal justice and offering suggestions for further research. Part I explores the aims and values of criminal justice and other regulatory networks and the synergies and tensions between these fields; Part II examines criminal justice as a regulatory force to control 'deviant' and anti-social behaviour and Part III examines the regulation and oversight of criminal justice through the operation of prison inspectorates and explores notions of responsive justice.
Author: John Braithwaite Publisher: Routledge ISBN: 1000160483 Category : Law Languages : en Pages : 385
Book Description
This title was first published in 2000: John Braithwaite is a distinguished criminologist with an international reputation in the study of regulation and globalization. This collection contains his most important and influential essays in criminal justice and business regulation. It has a substantial introduction explaining the thematization of his work around the design of regulatory systems to maximize freedoms as non-domination.
Author: Vincent Del Castillo
Author: Vincent Del Castillo
Author: Austin Sarat
Author: Joseph F. Zimmerman
Author: Vincent Del Castillo
Author: John Braithwaite
Author: D. Scott Broyles
Author: Marc Veenbrink
Author: Fiona Haines
Author: Hannah Quirk
Author: John Braithwaite