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Posts tagged criminal law
Crime and Justice in India

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By N. Prabha Unnithan

Criminology and criminal justice is in its infancy in India. This book attempts to examine India's crime problem in detail and document if and how its criminal justice system has responded to emerging challenges and opportunities. The objective is to move beyond mere observations and thoughtful opinions, and make contributions that are the next steps in the development of an empirical (or evidence-based) criminology and criminal justice on this vast and diverse country-by focusing on research that is both balanced and precise. This book brings together a diverse set of 32 academics from India, the US, and the UK who have authored 19 chapters on many aspects of crime and justice in India. The organizational components or sectors of the criminal justice system are the police, the courts, and corrections. The studies collected here provide balanced coverage of the entire criminal justice system and not just one component of it. The first section of this book consists of overviews of several major issues that affect the entire criminal justice system. Section Two considers topics related to the gateway of the criminal justice system, policing. Section Three takes up the operational problems of criminal law and courts and Section Four deals with the difficult question of punishment and correction, the last part of the criminal justice system.

SAGE, 2013, 476 pages

Governing the underworld: how organized crime governs other criminals in Colombian cities

By Reynell Badillo-Sarmiento & Luis Fernando Trejos-Rosero 

This article explores how organized criminal organizations exercise criminal governance over other organized and non-organized criminals using public messaging, lethal and extra-lethal violence. Drawing on extensive fieldwork, over 350 press reports, and an original database on inter-criminal lethal violence, we show, in line with recent literature on organized crime, that while these organizations use violence to build their reputation as actors willing to use force, they also provide benefits to other criminals such as financing and protection from state and competitors. This article contributes to the literature on criminal governance by elaborating on the mechanisms shown in recent work and by detailing an unexplored case study in Barranquilla (Colombia).

Colombia: Trends in Organized Crime, 2023. 27p.

CHOOSING CRIME: The Criminal Calculus of Property Offenders

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By Kenneth D. Tunnell

The major issues explored through this study were the motivation to commit property crimes, alternatives to crime commission, neutralization of fears during criminal decision making, and decision making processes. During the analysis of the data, five basic themes emerged. Offenders typically decided to commit crimes by using one or more neutralization techniques, most frequently alcohol or drugs, that aided them in the decision making and in the actual crime commission. Persistent criminals did not give any thought to the potentially negative consequences of their actions. The decision making types explicated in this study characterize individuals who are problematic for society, the judicial system, and the other people whose lives they disrupt. The study found that offenders typically specialized in one type of crime for a period of time, then moved on to another specialty area. Finally, the results indicated that these offenders committed a disproportionate number of crimes because they lacked other alternatives. The author maintains that these findings dispute the generally accepted view of the effectiveness of deterrence and instead point to needed policy changes in the areas of wealth redistribution, educational reform, and structural changes in the criminal justice system.

Nelson-Hall Publishers / Chicago, 1992, 191p

CESARE BECCARIA : ON CRIMES AND PUNISHMENTS

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Translated from the Italian in the Author's Original Order With Notes and Introduction by David Young

On Crimes and Punishments is a seminal treatise on legal reform written by the Italian philosopher and thinker Cesare Beccaria between 1763 and 1764. The essays proposed many reforms for the criminal justice system, including prompt administration of clearly prescribed and consistent punishments, well-publicized laws made by the legislature rather than individual courts or judges, the abolition of torture in prisons and the use of the penal system to deter would-be offenders, rather than simply punishing those convicted. It is also one of the earlier, and most famous, works against death penalty. The main reason put forward against that measure is that the State, by putting people to death, was committing a crime to punish another one.On Crimes and Punishments is widely considered one of the founding texts of Classical Criminology.

Indiana. Hackett Publishing. 1986.

Implementing and Enforcing EU Criminal Law: Theory and Practice

Edited by Ivan Sammut, Jelena Agranovska

This book is the result of an academic project, funded by the Hercules Programme of the European Commission to study legislation dealing with crimes against the Financial Interest of the EU awarded to the Department of  European and Comparative Law within the Faculty of Laws of the University of Malta. The study deals with the notion of criminal law at the European Union level as well as the relationship between the EU legal order and the national legal order. The focus of the study is on the development of EU criminal legislation aimed at protecting the financial interests of the EU, with a focus on cybercrime, fraud and public spending. It starts with the current legal basis in the TFEU, followed by the development of EU legislation in the area as well as the legislation of relevant bodies, such as EPO, OLAF and EUROPOL. The study tackles how this legislation is being received by the national legal orders, whereby eleven EU Member States are selected based on size, geography and legal systems. These Member States are France, Ireland, Croatia, Estonia, Germany, Italy, Malta, Spain, Latvia, Greece and Poland. A comparative study is made between those sections of EU criminal law dealing with the financial interests of the EU in these Member States to analyse the current legislation and propose future developments. The study, which is led by the editors based at the University of Malta, examines the subject from a European perspective. Besides the European perspective, the  study focuses on national case-studies, followed by a comparative analysis.

The Hague: Eleven International Publishing, 2020. 340p.

Challenges and Prospects for Evidence-Informed Policy in Criminology

By Thomas G. Blomberg, Jennifer E. Copp, and Jillian J. Turanovic

The relevance of criminology to matters of public policy has been hotly debated throughout the history of the discipline. Yet time and again, we have borne witness to the consequences of harmful criminal justice practices that do little to reduce crime or improve the lives of our most vulnerable populations. Given the urgent need for evidence-informed responses to the problems that face our society, we argue here that criminologists can and should have a voice in the process. Accordingly, this review describes challenges and prospects for evidence-informed policymaking on matters of crime and justice. In terms of challenges, we review discourse on what constitutes evidence, issues with providing guidance under conditions of causal uncertainty, and practical constraints on evidence-informed policymaking. For prospects, we consider the important roles of institutional support, graduate training, and multiple translational strategies for the evidence-informed movement. Finally, we end with several considerations for advancing translational criminology through expanded promotion and tenure criteria, curricula revision, and prioritizing the organization of knowledge. More broadly, our goals are to stimulate disciplinary thinking regarding the ways in which criminology may play a more meaningful role in effectively confronting the ongoing challenges of crime in society.

Annual Review of Criminology, Volume 7, Page 143 - 162

Hate Crimes: Criminal Law and Identity Politics

By James B. Jacobs and Kimberly Potter

In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.

Oxford, UK: Oxford University Press, 1998. 224p.

Sexual States: Governance and the Struggle over the Antisodomy Law in India

By Jyoti Puri

In Sexual States Jyoti Puri uses the example of the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Between 2001 and 2013 activists attempted to rewrite section 377 of the Indian Penal Code, which outlaws homosexual behavior. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics at the National Crime Records Bureau, visited various state institutions, and met with the police, Puri found that section 377 is but one element of the large and complex systems of laws, practices, policies, and discourses that regulate Indian sexuality. Intended to mitigate sexuality's threat to the social order, this regulation works to preserve the views of the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented.

Durham, NC: Duke University Press, 233p;.

Three Criminal Law Reformers: Beccaria, Bentham, Romilly

By Coleman Phillipson.

THE following three essays are not intended to be considered as separate, independent studies; they are meant to be taken together as supplementing each other, and as constituting one whole. With this intention in view, the author has been able to avoid a good deal of overlapping and repetition, which would otherwise have been inevitable. Though three men and their works are here discussed, we are concerned with but one epoch, one movement, one phase in legal evolution, which represents in many respects a turning-point in European history, and is of the utmost importance in the development of our modern civilisation. Beccaria, Bentham and Romilly are among the greatest law reformers of modern times. In their assault on the folly, injustice and cruelty of the then existing criminal jurisprudence, in their trenchant criticism of outworn codes, obscurantist traditions, blind superstitions, dogmatic technicalities, oppressive fictions, and useless relics of the past, in their proposal of rational substitutes, in their pointing the way to the light, they were intimately united. Their resemblances, like their differences, are as striking in their work as they are in their personal characteristics. In the case of Beccaria—a diffident Italian youth, shrinking from the struggles _ of men, whose small work was almost forcibly extracted from . him by his friends, and whose guarded oracular utterances soon arrested the attention of the world—we shall see vital conceptions and principles of penology in the process of germination and crystallisation; we shall see them in their triumphant conflict with the prevailing régime of sanguinary laws and barbarous methods of procedure. In the case of Bentham—that myriad-minded man, the dauntless explorer of institutions, the arch-legislator ever ready, in his jealously guarded “‘hermitage,”’ to make laws for all the nations of the earth—we shall see a prodigious multitude of ideas, schemes and systems, lavishly given to the world from a rich mine that could, surely, never be exhausted; we shall see this prolific progenitor scattering them broadcast, infusing new life into many barren places…

London: J.M. Dent, 1923. 344p.