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This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?.

Comparative law --- Criminal justice law. --- Sentences (Criminal procedure) --- Criminal justice. --- Comparative law.

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This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.

International criminal law --- Criminal justice law --- Criminal law & procedure --- EU (European Union) --- Admissible evidence

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For over a century, as women have fought for and won greater freedoms, concern over an epidemic of female criminality, especially among young women, has followed. Fear of this crime wave-despite a persistent lack of evidence of its existence-has played a decisive role in the development of the youth justice systems in the United States and Canada. Justice for Girls? is a comprehensive comparative study of the way these countries have responded to the hysteria over "girl crime" and how it has affected the treatment of both girls and boys. Tackling a century of

Female juvenile delinquents --- Juvenile justice, Administration of --- youth, juvenile courts, criminal justice, law, legal system, united states, canada, women, gender, femininity, criminology, female criminality, girl crime, punishment, prosecution, paternalism, reform, deinstitutionalization, adolescence, nonfiction, bad girls, delinquency, administrative offense, status offender reforms, social norms, fear.

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This book presents the first detailed study of 'indirect criminalisation' (the legal treatment of antisocial behaviour through civil preventative measures such as the ASBO) in England and Wales. Since the late 20th century many Western jurisdictions introduced a range of civil preventive measures in order to prevent and deal with various types of criminality. Although the stated objective of these interventions is the prevention of crime, their implementation can result in the imposition of restrictions akin to criminal punishment leading to the indirect criminalisation of certain kinds of behaviour. Through the adoption of an interdisciplinary approach which combines criminal law theory and empirical criminology, this book engages with the phenomenon of indirect criminalisation using the legal framework on anti-social behaviour in England and Wales as a case study. It engages with central questions within legal theory: - what are the normative challenges posed by indirect criminalisation and mechanisms for distinguishing criminal from non-criminal rules? - how can such questions be tested and applied empirically? - has the ASBO's successor been operating as de facto criminal measure?.

Criminal justice, Administration of --- Disorderly conduct --- Criminals. --- Great Britain. --- Crime and criminals --- Delinquents --- Offenders --- Persons --- Crime --- Criminology --- Anglia --- Angliyah --- Briṭanyah --- England and Wales --- Förenade kungariket --- Grã-Bretanha --- Grande-Bretagne --- Grossbritannien --- Igirisu --- Iso-Britannia --- Marea Britanie --- Nagy-Britannia --- Prydain Fawr --- Royaume-Uni --- Saharātchaʻānāčhak --- Storbritannien --- United Kingdom --- United Kingdom of Great Britain and Ireland --- United Kingdom of Great Britain and Northern Ireland --- Velikobritanii͡ --- Wielka Brytania --- Yhdistynyt kuningaskunta --- Northern Ireland --- Scotland --- Wales --- Criminal justice law

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This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination. It sheds light on organisational socialisation processes and on the professional norms and values at the heart of administrative work. By doing so, it shows how disbelief becomes normalised in the office. This book speaks to legal scholars, sociologists, anthropologists, human geographers and political scientists interested in bureaucracy, asylum law, migration studies and socio-legal studies, and to NGOs working in the field of asylum. Laura Affolter is a postdoctoral researcher in the Research Group Sociology of Law at the Hamburg Institute for Social Research, Germany, and Associate Researcher at the Institute for Social Anthropology in Bern, Switzerland. Her (co-authored) publications include Taking the ‘Just’ Decision (2019) and Keeping Numbers Low in the Name of Fairness (2020).

Human rights. --- Criminology. --- Criminal justice, Administration of. --- Emigration and immigration. --- Human geography. --- Social justice. --- Human Rights and Crime . --- Criminal Justice. --- Migration. --- Human Geography. --- Human Rights. --- Social Justice, Equality and Human Rights. --- Immigration --- International migration --- Migration, International --- Population geography --- Assimilation (Sociology) --- Colonization --- Administration of criminal justice --- Criminal justice, Administration of --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Social sciences --- Equality --- Justice --- Anthropo-geography --- Anthropogeography --- Geographical distribution of humans --- Social geography --- Anthropology --- Geography --- Human ecology --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation --- Study and teaching --- Human Rights and Crime --- Criminal Justice --- Migration --- Human Geography --- Human Rights --- Social Justice, Equality and Human Rights --- Socio-Legal Studies --- Biotechnology --- socio-legal --- borders --- bureaucracy --- at the heart of the state --- asylum procedure --- asylum decision-making --- law and discretion --- Open Access --- Crime & criminology --- Human rights, civil rights --- Criminal justice law --- Migration, immigration & emigration --- Politics & government