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Penal Abolitionism and Transformative Justice in Brazil
  • Language: en
  • Pages: 169

Penal Abolitionism and Transformative Justice in Brazil

Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent t...

Narratives on Prison Governmentality
  • Language: en
  • Pages: 152

Narratives on Prison Governmentality

Narratives on Prison Governmentality explores prison governmentality through the analysis of letters of prisoners. The collection of testimonies represents the opportunities and difficulties of resisting in a place of power, which, in recent years, has become more sophisticated and effective. In recent years there has been a progressive individualisation of the prison population and a continuous erosion of solidarity. The condition of prisoners is influenced by renewed governmental logic that has become more effective for management and even reproduced by the prisoners themselves. Italian prison governmentality has been presented in its softest and hardest discursive forms and material regim...

Impending Challenges to Penal Moderation in France and Germany
  • Language: en
  • Pages: 311

Impending Challenges to Penal Moderation in France and Germany

This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focuse...

Punishment in Latin America
  • Language: en
  • Pages: 240

Punishment in Latin America

Challenging the Northern-centric approach that has dominated the literature on punishment-and-society, this collection draws on innovative theoretical perspectives to make sense of punishment, penal trends, institutions and practices in peripheral settings, taking Latin American countries as its case studies.

Criminalising Coercive Control
  • Language: en
  • Pages: 75

Criminalising Coercive Control

Drawing on experiences from other jurisdictions within the UK, Criminalising Coercive Control explores the challenges and potential successes which may be faced in implementing Northern Ireland’s new domestic abuse offence. A specific offence of domestic abuse was introduced in Northern Ireland in March 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalising coercive and controlling behaviour, thereby bringing Northern Ireland into line with other jurisdictions within the UK, and also with relevant human rights standards in this regard. The book begins with a discussion regarding the offence itself ...

European Perspectives on Pre-Trial Detention
  • Language: en
  • Pages: 267

European Perspectives on Pre-Trial Detention

  • Categories: Law

High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.

Preventing Prison Violence
  • Language: en
  • Pages: 251

Preventing Prison Violence

Preventing Prison Violence introduces the idea of ‘prison ecologies’ – a multi-layered perspective to understanding prison violence as a ‘product’ of human, environment (social and physical), systemic, and societal influences – and how an ecological approach is helpful to prevention efforts. Interpersonal violence is a global concern and a significant cause of death around the world. In prisons, the human, financial, and health burden of violence presents a significant social issue – as well as a ‘wicked problem’ that does not permit of simplistic solutions. Recent innovations in data capture means that questions about violence, gang-affiliations, and prisons that could not...

War as Protection and Punishment
  • Language: en
  • Pages: 179

War as Protection and Punishment

This book provides an analysis of how penal discourses are used to legitimate post-Cold War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states ...

Police Research and Evidence-based Policing
  • Language: en
  • Pages: 158

Police Research and Evidence-based Policing

  • Categories: Law

The Professional Policing Curriculum in Practice is a new series of books that match the requirements of the new pre-join policing qualifications. The texts reflect modern policing, are up-to-date and relevant, and grounded in practice. They reflect the challenges faced by new students, linking theory to real-life operational practice, while addressing critical thinking and other academic skills needed for degree-level study. Evidence-based policing is a core part of the National Policing Curriculum but policing students and new officers often feel daunted by the prospect of understanding research and how to use it to inform decision making in practice. This text helps readers develop a soun...

A Practical Approach to Criminal Procedure
  • Language: en
  • Pages: 907

A Practical Approach to Criminal Procedure

  • Categories: Law
  • Type: Book
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  • Published: 2012-09-06
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  • Publisher: OUP Oxford

Now in its fourteenth edition, A Practical Approach to Criminal Procedure provides a complete guide to the criminal process in England and Wales. It explains what happens before the accused appears in court, the way in which prosecutions are commenced, funding by the criminal defence service, and bail. It describes proceedings in the magistrates' court, including summary trial and committal for sentence, as well as the way in which the youth court operates. Committal and transfer for trial are clearly explained and the process by which serious offences are sent direct to the Crown Court is also studied. Trial on indictment is discussed in detail, as are sentencing and appeals. This new editi...