This book uses settler colonialism, critical race, and tribal critical race theories to examine the relationship between settler colonialism and Indigenous and Black disproportionality in the criminal justice systems of the English-speaking Western liberal democracies of the UK, USA, Canada, and Australia. It argues that the colonial legacies of the respective countries established a set of subjugating strategies that continue to manifest today in criminal justice disproportionality. Erroneously thought of as a concluded historical event, the modern manifestation of the subjugating strategies is embodied in punitive law enforcement actions disproportionately targeting Indigenous and Black bodies.
This book examines and reflects on the ways different countries and jurisdictions deal with the main stages in the criminal justice process, from policing, to systems of trial, to sentencing, and punishment.
How is the criminal law's person constructed, by whom, and with what disciplinary norms? How is it threatened by new 'knowledge', and how do those threats play out amongst the various stakeholders who claim the criminal law's person as 'theirs'? To address these and cognate questions, this volume brings together an international group of academics to engage with the criminal law's person from a range of disciplinary perspectives
Featuring the work of over 250 scholars and practitioners from around the world, the Encyclopedia presents an accessible and far-reaching set of entries on topics associated with crime and criminal justice. The Encyclopedia is curated by a team of globally renowned scholars and comprises thematic, regional and comparative coverage. Entries give a concise summary of the accumulated knowledge on their topic, followed by a list of references to facilitate further study.
Chapters address the traditional objects of inquiry of the criminal justice system - policing, prosecution and prisons - while also offering reflections on surveillance, the rise of risk within justice and algorithmic justice. They discuss transnational crimes and misbehaviours, such as breaches of human rights, environmental degradation and irregular migration, and examine interactions and flows between the national and the international on issues such as the death penalty, terrorism and juvenile justice.
This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions- England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions.
This cutting-edge book examines the unique issues that transgender identities face globally in the criminal processing system through empirical and theoretical contributions. The contributing authors range from established transgender scholars, transgender equality rights activists, transgender policy influencers, researchers from non-profit groups, and former criminal justice practitioners.
Elgar encyclopedia of comparative law by Smits,J.MBringing together over 225 authors from 50 countries, the Encyclopedia of Comparative Law, Second Edition is the most comprehensive reference work in the field of comparative law. New entries will be added every month and PDF downloads will be available once the Encyclopedia is complete.