In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.
This volume provides a unique collection of essays in honour of the work of Marcus Felson and his notable contribution to routine activity theory, environmental criminology and the discipline more broadly. Chapter 5 of this book is open access under a CC BY license.
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
This book introduces the future of criminal law. It covers every aspect of crime in the digital age, assembled together for the first time. Topics range from Internet surveillance law and the Patriot Act to computer hacking laws and the Council of Europe cybercrime convention. More and more crimes involve digital evidence, and computer crime law will be an essential area for tomorrow's criminal law practitioners. Many U.S. Attorney's Offices have started computer crime units, as have many state Attorney General offices, and any student with a background in this emerging area of law will have a leg up on the competition. This is the first law school book dedicated entirely to computer crime law. The materials are authored entirely by Orin Kerr, a new star in the area of criminal law and Internet law who has recently published articles in the Harvard Law Review, Columbia Law Review, NYU Law Review, and Michigan Law Review. The book is filled with ideas for future scholarship, including hundreds of important questions that have never been addressed in the scholarly literature. The book reflects the author's practice experience, as well: Kerr was a computer crime prosecutor at the Justice Department for three years, and the book combines theoretical insights with practical tips for working with actual cases. Students will find it easy and fun to read, and professors will find it an angaging introduction to a new world of scholarly ideas. The book is ideally suited either for a 2-credit seminar or a 3-credit course, and should appeal both to criminal law professors and those interested in cyberlaw or law and technology. No advanced knowledge of computers and the Internet is required or assumed.
Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. A third connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in this troubled domain. The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. The cumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quite sane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin a conversation, and they illustrate the great depth and power of crime in literature.
Comprehensive and accessible, Tim Newburn’s bestselling Criminology provides an introduction to the fundamental themes, concepts, theories, methods and events that underpin the subject and form the basis for all undergraduate degree courses and modules in Criminology and Criminal Justice. This third edition includes: A new chapter on politics, reflecting the ever increasing coverage of political influence and decision making on criminology courses New and updated crime data and analysis of trends, plus new content on recent events such as the Volkswagen scandal, the latest developments on historic child abuse, as well as extended coverage throughout of the English riots A fully revised and updated companion website, including exam, review and multiple choice questions, a live Twitter feed from the author providing links to media and academic coverage of events related to the concepts covered in the book, together with links to a dedicated textbook Facebook page Fully updated to reflect recent developments in the field and extensively illustrated, this authoritative text, written by a leading criminologist and experienced lecturer, is essential reading for all students of Criminology and related fields.
Traditional "schools" of crime prevention, like the criminal justice model, social crime prevention or situational crime prevention, have proved to be too narrow and do not combine well with other approaches. However, each of these models provides important insights and contributions for reducing crime. By extracting the main preventive mechanisms of these diverse approaches, this book develops a more holistic, general model that consists of nine preventive mechanisms: building normative barriers to crime, reducing recruitment, deterrence, disruption, incapacitation, protecting vulnerable targets, reducing benefits of crime, reducing harm, and facilitating desistance. The measures to activate the preventive mechanisms may differ according to the type of crime, as may the actors in charge of implementing the relevant measures. However, Tore Bjørgo demonstrates how his model of crime prevention can be effectively applied to diverse forms of crime, from domestic burglaries to criminal youth gangs and driving under the influence to organized crime and terrorism. In doing so, this important book will be of interest to scholars and students of policing, security studies and criminology, as well as practitioners and policy-makers.
