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Business and the Risk of Crime in China

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ISBN: 9781921862540 Year: Pages: 298 DOI: 10.26530/OAPEN_458836 Language: English
Publisher: ANU Press
Subject: Law
Added to DOAB on : 2012-06-14 11:46:25
License: ANU Press

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The book analyses the results of a large scale victimisation survey that was conducted in 2005-06 with businesses in Hong Kong, Shanghai, Shenzhen and Xi’an. It also provides comprehensive background materials on crime and the criminal justice system in China. The survey, which measured common and non-conventional crime such as fraud, IP theft and corruption, is important because few crime victim surveys have been conducted with Chinese populations and it provides an understanding of some dimensions of crime in non-western societies. In addition, China is one of the fastest-growing economies in the world and it attracts a great amount of foreign investment; however, corruption and economic crimes are perceived by some investors as significant obstacles to good business practices. Key policy implications of the survey are discussed.

Europäisches Strafrecht post-Lissabon

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Book Series: Göttinger Studien zu den Kriminalwissenschaften ISBN: 9783863950217 Year: Pages: 145 DOI: 10.17875/gup2011-131 Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law
Added to DOAB on : 2011-11-04 00:00:00
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This volume deals with the future of European criminal law under the Lisbon Treaty. The contributions assess the risks and prospects of the progressing European integration with a special focus on the enlarged competences of the EU in the field of criminal law.

The Role of Community-Mindedness in the Self-Regulation of Drug Cultures

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ISBN: 9789400738607 Year: Pages: 379 DOI: 10.1007/978-94-007-3861-4 Language: English
Publisher: Springer Nature Grant: Nederlandse Organisatie voor Wetenschappelijk Onderzoek
Subject: Psychology --- Social Sciences
Added to DOAB on : 2012-05-21 00:00:00
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This book analyzes heroin users and the drug subculture on the Shetland Islands, an area known for its geographical remoteness, rural character and relative wealth. It fills the scientific gap created by the conventional research in heroin research, which is usually conducted in urban areas and relies on treatment and prison populations. Based on qualitative, in-depth interviews with twenty-four heroin users, this book depicts and analyzes the nature and historical development of the local heroin scene. It illustrates the features and internal structures of the subculture, and it examines the manner in which both are influenced by the location-specific geographical, cultural and socio-economic conditions. It thus reveals complex causal associations that are hard to recognize in urban environments. Complete with a list of references used and recommendations for future research, this book is a vital tool for progressive and pragmatic approaches to policy, intervention and research in the field of illicit drug use.

Vergleichsweise menschlich?: Ambulante Sanktionen als Alternative zur Freiheitsentziehung aus europäischer Perspektive

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Book Series: Schriftenreihe des Strafvollzugsarchivs ISSN: 23655178 ISBN: 9783658089641 9783658089658 Year: Pages: 144 DOI: 10.1007/978-3-658-08965-8 Language: German
Publisher: Springer Nature
Subject: Social Sciences --- Law
Added to DOAB on : 2016-06-08 17:42:24
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Ambulante Sanktionen gelten oftmals als menschliche Alternative zur Freiheitsentziehung. Der eigene Eingriffscharakter, die Perspektive der Betroffenen und die Erweiterung des Netzes sozialer Kontrolle werden übersehen. Die Übertragung von Sanktionspraktiken zwischen Rechtskulturen erfordert menschenrechtliche Minimalstandards. Zudem fehlen Kontrollgruppen-Studien und insbesondere ein Vergleich zur Non-Intervention. Anstelle naiver Übertragung einer (vermeintlichen) „best practice“ wird empfohlen, den Blick von „nothing works“ auf eine Auseinandersetzung mit der Möglichkeit zu richten, dass „nothing works“.

Colonial Systems of Control

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Book Series: Alternative Perspectives in Criminology ISBN: 9780776606668 9780776617497 Year: DOI: 10.26530/OAPEN_627412 Language: English
Publisher: Les Presses de l’Université d’Ottawa | University of Ottawa Press Grant: Knowledge Unlatched - 100671
Subject: Social Sciences
Added to DOAB on : 2017-05-05 11:01:53
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A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis.

Outsourcing Legal Aid in the Nordic Welfare States

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ISBN: 9783319466835 9783319466842 Year: Pages: 341 DOI: 10.1007/978-3-319-46684-2 Language: English
Publisher: Palgrave Macmillan Grant: Universitetet i Oslo
Subject: Social and Public Welfare
Added to DOAB on : 2018-05-31 18:33:54
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This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens.Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.

Do Exclusionary Rules Ensure a Fair Trial?

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Book Series: Ius Gentium: Comparative Perspectives on Law and Justice ISBN: 9783030125202 Year: Pages: 380 DOI: 10.1007/978-3-030-12520-2 Language: English
Publisher: Springer Nature
Subject: Political Science --- Law
Added to DOAB on : 2020-02-04 11:21:14
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This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved. ;

Chapter 10 Healing the American Community: Race and Criminal Justice (Book chapter)

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ISBN: 9781138354173 Year: DOI: 10.4324/9780429424922 Language: English
Publisher: Taylor & Francis
Added to DOAB on : 2020-09-01 00:06:55
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Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice.

El derecho penal en la edad moderna: Nuevas aproximaciones a la doctrina y a la práctica judicial

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Book Series: Historia del Derecho ISSN: 22555137 ISBN: 9788490858127 Year: Volume: 45 Pages: 217 Language: Spanish
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: History --- Law
Added to DOAB on : 2016-05-23 09:49:53
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The main purpose of this book is to contribute with the discussion about criminal proceedings and how doctrinal opinions spread through the South of Italy, Iberian countries and New Spain in the Early Modern age. Some relevant topics are judicial discretionary, protection and application of royal competencies, as well as the importance of the decisiones in regard to the procedural activity within the high courts of Portugal and Sicily. The interdependence between Criminal law, doctrinal discourses and judicial practice within the scope of the European ius commune is a basic feature of the chapters contained in this book.---El propósito principal de esta obra colectiva es la contribución al conocimiento de los procedimientos penales y de la difusión de las diversas tendencias doctrinales en el ámbito del sur de Italia, los territorios ibéricos y Nueva España en la temprana Edad Moderna. Algunos temas relevantes son la discrecionalidad judicial, la protección y aplicación de las competencias reales, así como la importancia de las decisiones en lo que atañe a la actividad procesal en el seno de los altos tribunales de Portugal y Sicilia. Las interconexiones entre el derecho criminal, los discursos doctrinales y la práctica judicial en la órbita del ius commune europeo vertebran los capítulos de este libro.

Die Praxis der bedingten Entlassung aus dem Strafvollzug

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Book Series: sui generis ISBN: 9783941159365 Year: Pages: 456 DOI: 10.24921/2019.94115937 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2020-02-12 11:21:04
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The decision on conditional release from prison (Art. 86 – 89 SCC) is one of the most important decisions in the Swiss criminal justice system. At stake are both the freedom of the convicted person, who is to be given a chance of reintegration by the conditional release, and the security of the general public, which must be protected against the commission of further criminal offences. Despite its significance for convicted persons and the society as a whole, the practice of conditional release is scarcely discussed in Swiss literature: What is the procedure for conditional release? How do the opinions of the parties involved in the procedure influence its outcome? How do the persons responsible for conditional release exercise the discretion left to them by the law? The clarification of these issues seems all the more important given that in recent decades the number of conditional release decisions has decreased and there are considerable cantonal differences. The focus of the dissertation is on the process of decision-making by the responsible authorities in Switzerland, in particular the implementation of the right to be heard, as well as the criteria which influence the decision on the conditional release of offenders. The research is based on a representative sample of 943 criminal files from the cantons of Berne, Fribourg, Lucerne and Vaud, which are evaluated using statistical methods (logistic regression). The results of the investigation show that the responsible authorities select only a few aspects from a large number of case characteristics that largely determine their decision-making process. The decision is strongly influenced by the residency status of the convicted person, his criminal record and the opinion of the prison authorities. The legal prognosis is therefore primarily based on static factors from the past, whereas dynamic factors which the convicted person or the involved actors could influence are more secondary. In addition, it emerges that the temporal and cantonal differences in the release rates do not relate to a differing prison population, as it most often assumed, but to a different way of implementing the law and appreciating the profile of prisoners – following a more restrictive or liberal understanding and practice of the release decision – depending on time and canton. The study shows as well that there is no uniform practice for the procedure: the use of risk assessment tools, the opinions of the prison management or the organisation of the right to be heard are extremely disparate and therefore the right of the sentenced person to an equal and fair trial is not guaranteed to the same extent everywhere. The work concludes with a legal classification of the findings as well as with criminal policy considerations and proposals for a more precise reformulation of Art. 86 SCC. These should contribute to a more harmonious and broader application across cantonal borders and therefore strengthen conditional release as an efficient instrument of crime prevention.

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