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Money and the Governance of Punishment
Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money...
Sexual Assault
Sexual assault law has been undergoing significant shifts around the world. Traditional criminal laws against sexual assault had a narrow scope: they targeted rape as coerced sexual intercourse, and they defined coercion as physical violence or threats with physical violence. Modern offense descriptions are tracing a change in the logic and structure of criminal laws against sexual assault from the offenders' violence to the victims' lack of consent as the key feature of criminal wrongdoing. However, there are clear and marked differences regarding the offence descriptions in substantive criminal laws in various jurisdictions. Sexual Assault: Law Reform in a Comparative Perspective provides ...
Towards a Four-Tiered Model of Mediation
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynam...
Violence, Sex Offenders, and Corrections
Sex offenders remain the most hated group of offenders, subject to a myriad of regulations and punishments beyond imprisonment, including sex offender registries, chemical and surgical castration, and global positioning electronic monitoring systems. While aspects of their experiences of imprisonment are documented, less is known about how sex offenders experience prison and community corrections spaces – and the implications of their status on their treatment and safety in such environments. Violence, Sex Offenders, and Corrections critically assesses what is meant by the term ‘sex offender’, and acknowledges that such meanings are socially constructed, situated, and contingent. The book explores the person, crime, penal space, sexual orientation, legislation, and the community experiences of labelled sex offenders as well as the experiences of correctional officers working with said custodial populations. Ricciardelli and Spencer use conceptions of gender and embodiment to analyze how sex offenders are constituted as objects of fear and disgust and as deserving subjects of abjection and violence.
Participation in Crime
Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.
Social Rehabilitation and Criminal Justice
This book provides a comprehensive analysis of the current directions in social rehabilitation scholarship and research by bringing together the voices of legal scholars, criminal justice professionals, social scientists, and people directly impacted by criminal justice in a comparative, international, and interdisciplinary fashion. The volume offers a narrative of social rehabilitation in penal contexts through five main domains: theoretical-philosophical, legal-comparative, human rights, social scientific, lived experience, and policy. Collectively, the contributions provide a systematised examination of the normative facets of social rehabilitation and illustrate avenues for its implement...
Restorative Justice and Contemporary Political Theory
Outlining an original analysis of the political dimension of restorative justice, this book seeks both to enhance the critical comprehension of this phenomenon and to forge new tools for acting politically through restorative justice, inviting restorative justice scholars, practitioners and advocates to become a radical political movement. Restorative justice is widely studied, nationally and internationally legislated, and increasingly practised; however, the growth of relevant policy, practice and research has been only marginally accompanied by the development of updated, theoretically informed and critical reflections on the relationships between politics and restorative justice. This is...
Artificial Intelligence, Social Harms and Human Rights
This book critically explores how and to what extent artificial intelligence (AI) can infringe human rights and/or lead to socially harmful consequences and how to avoid these. The European Union has outlined how it will use big data, machine learning, and AI to tackle a number of inherently social problems, including poverty, climate change, social inequality and criminality. The contributors of this book argue that the developments in AI must take place in an appropriate legal and ethical framework and they make recommendations to ensure that harm and human rights violations are avoided. The book is split into two parts: the first addresses human rights violations and harms that may occur in relation to AI in different domains (e.g. border control, surveillance, facial recognition) and the second part offers recommendations to address these issues. It draws on interdisciplinary research and speaks to policy-makers and criminologists, sociologists, scholars in STS studies, security studies scholars and legal scholars.
The Palgrave Handbook of Criminology and the Global South
The first comprehensive collection of its kind, this handbook addresses the problem of knowledge production in criminology, redressing the global imbalance with an original focus on the Global South. Issues of vital criminological research and policy significance abound in the Global South, with important implications for South/North relations as well as global security and justice. In a world of high speed communication technologies and fluid national borders, empire building has shifted from colonising territories to colonising knowledge. The authors of this volume question whose voices, experiences, and theories are reflected in the discipline, and argue that diversity of discourse is mor...
