REINTERPRETING CRIMINAL COMPLICITY AND INCHOATE PARTICIPATION OFFENCES

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Reinterpreting Criminal Complicity And Inchoate Participation Offences

Author : Dennis J. Baker
ISBN : 9781317198871
Genre : Law
File Size : 33.97 MB
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In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.
Category: Law

Criminal Law

Author : Jonathan Herring
ISBN : 9780198811817
Genre : Criminal law
File Size : 29.6 MB
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Criminal Law: Text, Cases, and Materials offers deft legal coverage and analysis alongside expertly selected extracts from key cases and academic sources. The effective two-part structure of each chapter in the book - the first part explaining the law as it is, the second examining the theoretical aspects of the law - ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. Important theoretical material is made accessible to students through a particularly engaging writing style. The author's clarity of expression brings the subject to life and places the law in context. This text is an essential and complete resource for all those wanting to get to grips with the fascinating and sometimes challenging area of criminal law. Online Resources: This text is accompanied by the following online resources: For students - DT Updates to the law following publication DT Useful web links DT Guidance on answering selected questions in the book DT An introductory video from the author For lecturers - DT A test bank of multiple choice questions
Category: Criminal law

Smith Hogan And Ormerod S Criminal Law

Author : David Ormerod
ISBN : 9780198807094
Genre : Law
File Size : 75.96 MB
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Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. The book owes its consistent popularity to its accessible style, depth of analysis, and breadth of coverage. Over fifty years since the publication of the first edition, Professor David Ormerod and Karl Laird continue the tradition set down by Professors Sir John Smith and Brian Hogan by producing a textbook of unrivaled quality. The text continues to be an invaluable resource for undergraduate students and an essential reference source for criminal law practitioners. Online resources: A selection of online resources accompany this text, including: DT Comprehensive annual legal updates, organized by chapter DT A full bibliography arranged alphabetically and by chapter DT A selection of additional online chapters
Category: Law

Challenging Organized Crime In The Western Hemisphere

Author : Philip B. Heymann
ISBN : 1138595357
Genre : Organized crime
File Size : 88.97 MB
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Challenging Organized Crime in the Western Hemisphere: A Game of Moves and Countermoves takes the unusual approach of exploring and describing how organized crime groups develop their capacities in response to heightened powers of law enforcement; and how law enforcement in turn responds, creating an ongoing dynamic interaction. The book shows how a state, such as the United States, has and can develop new laws and practices in ways that enable them to deal with relatively large violent groups--and yet preserve the rule of law and civil liberties. While most texts describe organized crime groups and the challenges to government they impose from a static perspective, the authors dissect the interaction over time of organized crime and democratic governance that has created the present structure and balance of advantages in the United States. Readers learn about the markets for contraband and extortionate protection that form the bulk of organized criminal enterprise, the vulnerabilities of the traditional practices and rules of law enforcement, the effects of globalization of criminal enterprises on their contest with the state, the effectiveness of various practices of law enforcement, and the continuing forces of change, often technological, in the businesses of organized crime and law enforcement that play important roles in the contest between them. This thought- provoking book is ideal for students of organized and transnational crime in university programs and law schools, as well as researchers and legal practitioners, who seek to look beyond the simple traditional history of organized crime and develop a strategy to confront organized crime in the future.
Category: Organized crime

The Right Not To Be Criminalized

Author : Dr Dennis J Baker
ISBN : 9781409497592
Genre : Law
File Size : 37.89 MB
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This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
Category: Law

Sport Media And Mega Events

Author : Lawrence A. Wenner
ISBN : 9781317397441
Genre : Social Science
File Size : 30.33 MB
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Bringing together many of the most influential scholars in sport and media studies, this book examines the diverse ways that media influences our understanding of the world’s most important sport events, dubbed sports mega-events. It sheds new light on how these events have been changed by the media, and have, in turn, adapted to media to further their brand’s cultural influence. Focusing on the central concept of "mediatization" – the permeation of media into all spheres of contemporary life – the book presents original case studies of major events including the Olympics, FIFA, rugby and cricket World Cups, Tour de France, Super Bowl, World Series, Monaco Grand Prix, Wimbledon, and many more. Written from a truly international perspective, this is a seminal work in sport and media studies that reveals the growing political, economic, and cultural influences of sport mega-events in contemporary society. Sport, Media and Mega-Events is an essential text for any course on the sociology of sport, event management, sport marketing, or featuring a cultural, communication or media studies approach to sport.
Category: Social Science

Routledge International Handbook Of Restorative Justice

Author : Theo Gavrielides
ISBN : 9781317041795
Genre : Law
File Size : 79.31 MB
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This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world.
Category: Law

Intellectual Privilege

Author : Tom W. Bell
ISBN : 9780989219389
Genre : Law
File Size : 21.26 MB
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A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
Category: Law

The Sanctity Of Life And The Criminal Law

Author : Dennis J. Baker
ISBN : 9781107020474
Genre : Law
File Size : 44.16 MB
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Fourteen essays on major theoretical issues in contemporary criminal law and medical law ethics.
Category: Law

Citizen Refugee

Author : Uditi Sen
ISBN : 9781108425612
Genre : History
File Size : 42.59 MB
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Explores how refugees were used as agents of nation-building in India, leading to gendered and caste-ridden policies of rehabilitation.
Category: History