Author: Henrique Carvalho Publisher: Oxford University Press ISBN: 0198737858 Category : Law Languages : en Pages : 225
Book Description
Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, this work demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition --Front flap of book.
Author: Tore Bjørgo Publisher: Springer ISBN: 1137560487 Category : Social Science Languages : en Pages : 347
Book Description
Traditional "schools" of crime prevention, like the criminal justice model, social crime prevention or situational crime prevention, have proved to be too narrow and do not combine well with other approaches. However, each of these models provides important insights and contributions for reducing crime. By extracting the main preventive mechanisms of these diverse approaches, this book develops a more holistic, general model that consists of nine preventive mechanisms: building normative barriers to crime, reducing recruitment, deterrence, disruption, incapacitation, protecting vulnerable targets, reducing benefits of crime, reducing harm, and facilitating desistance. The measures to activate the preventive mechanisms may differ according to the type of crime, as may the actors in charge of implementing the relevant measures. However, Tore Bjørgo demonstrates how his model of crime prevention can be effectively applied to diverse forms of crime, from domestic burglaries to criminal youth gangs and driving under the influence to organized crime and terrorism. In doing so, this important book will be of interest to scholars and students of policing, security studies and criminology, as well as practitioners and policy-makers.
Author: David M. Kennedy Publisher: Routledge ISBN: 1135976309 Category : Business & Economics Languages : en Pages : 242
Book Description
Deterrence is at the heart of the preventive aspiration of criminal justice. Deterrence, whether through preventive patrol by police officers or stiff prison sentences for violent offenders, is the principal mechanism through which the central feature of criminal justice, the exercise of state authority, works – it is hoped -- to diminish offending and enhance public safety. And however well we think deterrence works, it clearly often does not work nearly as well as we would like – and often at very great cost. Drawing on a wide range of scholarly literatures and real-world experience, Kennedy argues that we should reframe the ways in which we think about and produce deterrence. He argues that many of the ways in which we seek to deter crime in fact facilitate offending; that simple steps such as providing clear information to offenders could transform deterrence; that communities may be far more effective than legal authorities in deterring crime; that apparently minor sanctions can deter more effectively than draconian ones; that groups, rather than individual offenders, should often be the focus of deterrence; that existing legal tools can be used in unusual but greatly more effective ways; that even serious offenders can be reached through deliberate moral engagement; and that authorities, communities, and offenders – no matter how divided – share and can occupy hidden common ground. The result is a sophisticated but ultimately common-sense and profoundly hopeful case that we can and should use new deterrence strategies to address some of our most important crime problems. Drawing on and expanding on the lessons of groundbreaking real-world work like Boston’s Operation Ceasefire – credited with the "Boston Miracle" of the 1990s – "Deterrence and Crime Prevention" is required reading for scholars, law enforcement practitioners, and all with an interest in public safety and the health of communities.
Author: Andrew Ashworth Publisher: OUP Oxford ISBN: 0191021040 Category : Law Languages : en Pages : 310
Book Description
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Author: Christopher Slobogin Publisher: Oxford University Press ISBN: 019977840X Category : Psychology Languages : en Pages : 210
Book Description
In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.
Author: Benoit LeClerc Publisher: Springer ISBN: 3319277936 Category : Social Science Languages : en Pages : 396
Book Description
This volume brings together a series of original contributions made by international experts dedicated to guiding efforts in preventing crime. The collection is divided into seven sections that cover cutting edge approaches to crime prevention: 1) the offenders’ perspective on crime prevention 2) crime script analysis 3) crime mapping and spatial analysis 4) social network analysis 5) agent-based modelling 6) crime-proofing legislations 7) technologies of crime prevention Each section includes one theoretical chapter to introduce the research approach followed by a series of empirical/applied contributions. The theoretical chapter aims to introduce and explain the approach of interest and discusses under which circumstances this strategy could best assist crime prevention. The objective of empirical/applied contributions is simply to showcase how these approaches can be apply. This collection can be seen as the end result of the convergence of novel ideas and analytical skills in the area of crime and crime prevention worldwide. It will be of interest to researchers in Criminology and Criminal Justice, as well as related fields like Sociology and Psychology, Security, Urban Planning, and Public Policy.
Author: Steven P. Lab Publisher: Routledge ISBN: 1317495926 Category : Social Science Languages : en Pages : 467
Book Description
Crime Prevention: Approaches, Practices, and Evaluations, 9th Edition, meets the needs of students and instructors for engaging, evidence-based, impartial coverage of the origins of crime, as well as of public policy that can reduce or prevent deviance. The book examines a range of approaches to preventing crime and elucidates their respective goals. Strategies include primary prevention measures designed to prevent conditions that foster deviance; secondary prevention measures directed toward persons or conditions with a high potential for deviance; and tertiary prevention measures to deal with persons who have already committed crimes. This edition provides research and information on all aspects of crime prevention, including the physical environment and crime, neighborhood crime prevention programs, community policing, crime in schools, and electronic monitoring and home confinement. Lab offers a thorough and well-rounded discussion of the many sides of the crime prevention debate, in clear and accessible language.
Author: Lucia Zedner Publisher: OUP Oxford ISBN: 0191639508 Category : Law Languages : en Pages : 1652
Book Description
Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.
Author: Michele Caianiello Publisher: ISBN: 9781611631876 Category : Criminal justice, Administration of Languages : en Pages : 0
Book Description
Germany operates a "double track" system of punishment and preventive detention. Traditionally, this system included fixed-term prison sentences, which were limited by the safeguards of legality, proportionality, double jeopardy, etc., followed by preventative detention of indefinite length, which was not limited by those safeguards. In 2010, the European Court of Human Rights determined that the preventive period had to count as punitive and, thus, should be subject to the safeguards that surround punishment. This decision affects many other European countries that share a version of the "double track" system. While Europe is retreating under the tutelage of the ECHR on this matter, the United States has been developing its own system of preventive detention, both within the criminal law (for sexual predators) and without (for suspected terrorists). The essays in this volume bring together the best of European and American comparative writing on these issues.
Author: Andrew Ashworth Publisher: Oxford Monographs on Criminal ISBN: 0198712529 Category : Law Languages : en Pages : 327
Book Description
'Preventative Justice' looks at the use of coercive preventive measures by the state, both within and beyond criminal law. Examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.
Author: Henrique Carvalho
Author: Tore Bjørgo
Author: David M. Kennedy
Author: Andrew Ashworth
Author: Christopher Slobogin
Author: Benoit LeClerc
Author: Steven P. Lab
Author: Lucia Zedner
Author: Michele Caianiello
Author: Andrew Ashworth