The Constitution of the Criminal Law

Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191655279
Format: PDF, ePub
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

The Right Not to be Criminalized

Author: Dennis J. Baker
Publisher: Routledge
ISBN: 1317017773
Format: PDF, ePub, Mobi
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This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

Making the Modern Criminal Law

Author: Lindsay Farmer
Publisher: Oxford University Press
ISBN: 0191058602
Format: PDF, ePub, Mobi
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.

Go Directly to Jail

Author: Gene Healy
Publisher: Cato Institute
ISBN: 9781930865631
Format: PDF, ePub
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The American criminal justice system is becoming ever more centralized and punitive, owing to rampant federalization and mandatory minimum sentencing guidelines. Go Directly to Jail examines these alarming trends and proposes reforms that could rein in a criminal justice apparatus at war with fairness and common sense.

The Oxford Handbook of Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Format: PDF, Docs
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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

The Boundaries of the Criminal Law

Author: Antony Duff
Publisher: Oxford University Press
ISBN: 0199600554
Format: PDF, ePub
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This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.

Overcriminalization

Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 0199886989
Format: PDF, ePub
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The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

Not a Crime to Be Poor

Author: Peter Edelman
Publisher: The New Press
ISBN: 162097164X
Format: PDF
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Finalist for the American Bar Association’s 2018 Silver Gavel Book Award Named one of the “10 books to read after you've read Evicted” by the Milwaukee Journal Sentinel “A powerful investigation into the ways the United States has addressed poverty. . . . Lucid and troubling.” —Matthew Desmond, author of Evicted, in The Chronicle of Higher Education A nationally known expert on poverty shows how not having money has been criminalized and shines a light on lawyers, activists, and policy makers working for a more humane approach In addition to exposing racially biased policing, the Justice Department’s Ferguson Report exposed to the world a system of fines and fees levied for minor crimes in Ferguson, Missouri, that, when they proved too expensive for Ferguson’s largely poor, African American population, resulted in jail sentences for thousands of people. As former staffer to Robert F. Kennedy and current Georgetown law professor Peter Edelman explains in Not a Crime to Be Poor, Ferguson is everywhere in America today. Through money bail systems, fees and fines, strictly enforced laws and regulations against behavior including trespassing and public urination that largely affect the homeless, and the substitution of prisons and jails for the mental hospitals that have traditionally served the impoverished, in one of the richest countries on Earth we have effectively made it a crime to be poor. Edelman, who famously resigned from the administration of Bill Clinton over welfare "reform," connects the dots between these policies and others including school discipline in poor communities, child support policies affecting the poor, public housing ordinances, addiction treatment, and the specter of public benefits fraud to paint a picture of a mean-spirited, retributive system that seals whole communities into inescapable cycles of poverty.

The Structures of The Criminal Law

Author: Lindsay Farmer
Publisher: Oxford University Press
ISBN: 0199644314
Format: PDF, Docs
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This volume is concerned with three structures of criminal law the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.