Double State And The Doubling Of The Legal System
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Author | : Neža Kogovšek Šalamon |
Publisher | : Springer Nature |
Total Pages | : 302 |
Release | : 2020-07-01 |
Genre | : Law |
ISBN | : 3030437329 |
The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of “crimmigration” regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.
Author | : Committee on Causes and Consequences of High Rates of Incarceration |
Publisher | : National Academies Press |
Total Pages | : 800 |
Release | : 2014-12-31 |
Genre | : Law |
ISBN | : 9780309298018 |
After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.
Author | : Louis J. Palmer, Jr. |
Publisher | : McFarland |
Total Pages | : 473 |
Release | : 2024-10-17 |
Genre | : Social Science |
ISBN | : 1476603103 |
Forensic DNA analysis was first introduced to the American criminal justice system in the mid-1980s. Since then, DNA testing has become the leading forensic tool both for obtaining sexual assault criminal convictions and for establishing the innocence of criminal suspects and wrongfully convicted defendants. This encyclopedia provides straightforward information on the role of DNA in the American courts. Entries explain the relationship of forensic DNA analysis to microbiology, population genetics, statistics, and the legal rules of the admissibility of scientific evidence. Full texts, preceded by summaries, are presented of all the statutes created by the states and the federal government that address the forensic use of DNA analysis, and the edited text of judicial case opinions that address specific DNA issues. There are many entries on organizations that use DNA testing to free wrongly convicted defendants and on individuals who were released from prison (many from death row) after DNA tests proved their innocence.
Author | : Gary E. Marchant |
Publisher | : Springer Science & Business Media |
Total Pages | : 233 |
Release | : 2011-05-19 |
Genre | : Philosophy |
ISBN | : 9400713568 |
At the same time that the pace of science and technology has greatly accelerated in recent decades, our legal and ethical oversight mechanisms have become bogged down and slower. This book addresses the growing gap between the pace of science and technology and the lagging responsiveness of legal and ethical oversight society relies on to govern emerging technologies. Whether it be biotechnology, genetic testing, nanotechnology, synthetic biology, computer privacy, autonomous robotics, or any of the other many emerging technologies, new approaches are needed to ensure appropriate and timely regulatory responses. This book documents the problem and offers a toolbox of potential regulatory and governance approaches that might be used to ensure more responsive oversight.
Author | : Qi Zheng |
Publisher | : Springer |
Total Pages | : 184 |
Release | : 2015-10-22 |
Genre | : Political Science |
ISBN | : 1137466596 |
This book develops a new way of reading and benefiting from Schmitt's legal and political theories. It explores Schmitt's theories from the perspective of what I refer to as the politics of transition. It also contributes to identifying the real theoretical relationship between Schmitt and Mao.
Author | : Institute of Medicine |
Publisher | : National Academies Press |
Total Pages | : 405 |
Release | : 2001-06-05 |
Genre | : Law |
ISBN | : 0309172357 |
Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.
Author | : United States. Commission on Marihuana and Drug Abuse |
Publisher | : |
Total Pages | : 992 |
Release | : 1973 |
Genre | : Drug abuse |
ISBN | : |
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery |
Publisher | : |
Total Pages | : 292 |
Release | : 1977 |
Genre | : |
ISBN | : |
Author | : United States. Senate. Congress. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery |
Publisher | : |
Total Pages | : 296 |
Release | : 1977 |
Genre | : Courts |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 788 |
Release | : 1895 |
Genre | : Encyclopedias and dictionaries |
ISBN | : |