Die Neuauflage des Klassikers ist umfassend uberarbeitet und enthalt die weitreichenden Anderungen des JGG durch das Gesetz zur Starkung der Verfahrensrechte von Beschuldigten im Jugendstrafverfahren ...sowie durch das Gesetz zur Neuregelung des Rechts der notwendigen Verteidigung.
Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and ...exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry.By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursues a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalization on the other, by exposing the imprints of these links on processes of marginalization, racialization, and exclusion that are central to contemporary criminal justice practices. Covering a range of jurisdictions and themes, Decolonizing the Criminal Question details how colonial and imperial domination relied on the internalization of hierarchies and identities ED for example, racial, geographical, and geopolitical ED of both the colonized and the colonizer, and shaped their subjectivity through imageries, discourses, and technologies.Offering innovative, conceptual, and methodological approaches to the study of the criminal question, this work is an essential read for scholars not only focused on criminology and criminal justice, but also for scholars in law, anthropology, sociology, politics, history, and a range of other disciplines in the humanities and social sciences.Decolonizing the Criminal Question is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Victor Tadros sets out to defend the ‘duty view’ of punishment. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most ...important duties that ground the justification of punishment are the duty to recognise that the offender has done wrong and the duty to protect others against wrongdoing. In the light of these duties the state has a permission to punish offenders to ensure that they recognise that what they have done is wrong, but also to protect others from crime. Hence, the book offers a defence not only of a communicative view of punishment but also of general deterrence as central to the justification of punishment. This view is developed in the light of a non-consequentialist moral theory: a theory which endorses constraints on the pursuit of the good. It is shown that it is normally wrong to harm a person as a means to pursue a greater good. However, there are exceptions to this principle in cases where the person harmed has an enforceable duty to pursue the good. The implications of this idea are explored both in the context of self-defence, and then in the context of punishment. The book offers the most systematic exploration of the relationship between self-defence and punishment to date and makes significant progress in defending a plausible set of non-consequentialist moral principles. It also critically explores other theories of punishment, including retributivism and purely communicative theories, identifying unexamined deficiencies in these theories.
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate ...if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Protect, Serve, and Deport exposes the on-the-ground workings of local immigration enforcement in Nashville, Tennessee. Between 2007 and 2012, Nashville’s local jail participated in an immigration ...enforcement program called 287(g), which turned jail employees into immigration officers who identified over ten thousand removable immigrants for deportation. The vast majority of those identified for removal were not serious criminals but Latino residents arrested by local police for minor violations. Protect, Serve, and Deport explains how local politics, state laws, institutional policies, and police practices work together to deliver immigrants into an expanding federal deportation system, conveying powerful messages about race, citizenship, and belonging.
Should the European Union regulate criminal justice? This open access book explores the question forensically, establishing whether a compelling normative justification for EU action in the field ...exists. It develops an integrated standard based on the perspectives of the effective allocation of regulatory authority between the EU and the Member States, representation-based political theories, and harm-based theories of criminal law. This is a work that will be welcomed not only by EU criminal law scholars, but also by practitioners, judges and policymakers.
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