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Posts tagged legal issues
Online Misogyny as Hate Crime

By Kim Barker and Olga Jurasz.

A Challenge for Legal Regulation? The ideal of an inclusive and participatory Internet has been undermined by the rise of misogynistic abuse on social media platforms. However, limited progress has been made at national – and to an extent European – levels in addressing this issue. In England and Wales, the tackling of underlying causes of online abuse has been overlooked because the law focuses on punishment rather than measures to prevent such abuses. Furthermore, online abuse has a significant impact on its victims that is underestimated by policymakers. This volume critically analyses the legal provisions that are currently deployed to tackle forms of online misogyny, and focuses on three aspects; firstly, the phenomenon of social media abuse; secondly, the poor and disparate legal responses to social media abuses; and thirdly, the similar failings of hate crime to tackle problems of online gender-based abuses. This book advances a compelling argument for legal changes to the existing hate crime, and communications legislation.

London: New York: Routledge, 2019. 146p.

Studies in the criminalisation of poverty : Pauperism, pathology and policing

By Peter Squires.

The study of social policy, or social administration, is usually associated with the study of statutory, welfare-oriented, distributive mechanisms. Indeed, it is precisely these distributive and welfare-related characteristics that qualifies certain kinds of policy as 'social'. Yet, there is no real justification, save historical accident and tradition for continuing to accept this particular conception of social policy. A different kind of examination of the historical record - such as the analyses contained within this thesis - reveals a quite different legacy to the British social policy tradition. Thus, the work contained within this thesis consists of an attempt to take another look at the historical development and modern evolution of state social policy. The effort is made to show that there is an older and more entrenched social policy tradition in Britain; one as much concerned with discipline as with welfare,. more to do with division than with integration and more repressive than, liberating. It is important to acknowledge that the penal code is as old as the Poor Laws, that the mercantilist science of police preceded the science of political economy; and, later in the age of capitalism and industrialization, the Metropolitan Police Act predated the extension of the franchise and the reform of the Poor Laws. In short, a central preoccupation of the thesis is the attempt to elaborate Gareth Stedman-Jones' remark that, in the history of social administration, welfare and discipline, or care and control, were but two sides of the same coin. In order to develop this argument, theoretical perspectives deriving from the work of Marx and Foucault have been employed. The works of Marx have been used to help in the analysis of the state, class struggle and the changing modes of political domination, whilst Foucault's work - especially his emphasis upon the analysis of discipline - has been employed to help elaborate the ways in which objectives, techniques and practices are brought together in forms of socio-political 'intervention' - political strategies or social policies. Furthermore Foucault's work in the analysis of socio-political discourse was of major importance insofar as it offered a technique for isolating and examining the formation of knowledges, practices and policies in social interventions.

Bristol, UK: University of Bristol 1984. 2 vols.

Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States: A Guide for the Legal Sector

Institute of Medicine and National Research Council.

Every day in the United States, children and adolescents are victims of commercial sexual exploitation and sex trafficking. These are not only illegal activities, but also forms of violence and abuse that result in immediate and long-term physical, mental, and emotional harm to victims and survivors.

In 2013, the Institute of Medicine/National Research Council released the report Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States. The report found that the United States is in the very early stages of recognizing, understanding, and developing solutions for these crimes.

Law enforcement professionals, attorneys, and judges all have important roles to play in responding to commercial sexual exploitation and sex trafficking of minors in the United States. Their knowledge and ability to identify victims, investigate cases, and make appropriate referrals is crucial to the development of an overall response to these crimes.

This Guide for the Legal Sector provides a summary of information from the original report that is most relevant to individuals within the legal sector who interact in some way with victims, survivors, and perpetrators of commercial sexual exploitation and sex trafficking of minors. This includes federal, state, county, local, and tribal law enforcement agencies; police officers and investigators; probation officers; parole officers; corrections officers; prosecutors and defense attorneys; victim advocates; and judges.

This guide includes definitions of key terms and an overview of risk factors and consequences; noteworthy examples of efforts by law enforcement personnel, attorneys, the juvenile and criminal justice systems, and the judiciary; multisector and interagency efforts in which the legal sector plays an important role; and recommendations aimed at identifying, preventing, and responding to these crimes.

Washington, DC: The National Academies Press. 2014. 48p.

Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States

Institute of Medicine and National Research Council.

Every day in the United States, children and adolescents are victims of commercial sexual exploitation and sex trafficking. Despite the serious and long-term consequences for victims as well as their families, communities, and society, efforts to prevent, identify, and respond to these crimes are largely under supported, inefficient, uncoordinated, and unevaluated.

Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States examines commercial sexual exploitation and sex trafficking of U.S. citizens and lawful permanent residents of the United States under age 18. According to this report, efforts to prevent, identify, and respond to these crimes require better collaborative approaches that build upon the capabilities of people and entities from a range of sectors. In addition, such efforts need to confront demand and the individuals who commit and benefit from these crimes. The report recommends increased awareness and understanding, strengthening of the law's response, strengthening of research to advance understanding and to support the development of prevention and intervention strategies, support for multi-sector and interagency collaboration, and creation of a digital information-sharing platform.

A nation that is unaware of these problems or disengaged from solutions unwittingly contributes to the ongoing abuse of minors. If acted upon in a coordinated and comprehensive manner, the recommendations of Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States can help advance and strengthen the nation's emerging efforts to prevent, identify, and respond to commercial sexual exploitation and sex trafficking of minors in the United States.

Washington, DC: The National Academies Press. 2013. 478p.