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Chapter

Andrew Sanders, Richard Young, and Mandy Burton

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter considers psychological explanations for criminality. The discussions cover the constituents of the personality; formation of the super-ego; balancing the id, ego, and super-ego; ‘normal’ criminals; extroversion and neuroticism; criticism of psychoanalytical theories; the normal criminal personality; and assessment of dangerousness and criminality.

Chapter

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

Chapter

Martin Hannibal and Lisa Mountford

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

Chapter

This chapter starts by presenting a brief sketch of the key stages and decisions of the criminal process which forms part of the English criminal justice system. The significance of those stages and decisions is discussed before they are then classified according to their nature and consequence. This is followed in the next section by differentiating between the criminal process and the system before moving on to orient the reader by outlining significant reforms that have shaped the criminal process in the past decades. There is a final concluding section.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the actus reus elements of criminal offence. The actus reus consists of prohibited conduct (acts or omissions), prohibited circumstances, and/or prohibited consequences (results). A person can be criminally liable for omissions at common law, but imposing this liability can be controversial. Causation is a key part of consequence/result crimes. The prosecution must prove that the result was caused by the defendant. In order to do this, the chain of causation must first be established, and then consideration must be given to any intervention which might break the chain.

Chapter

This chapter examines the law on murder. It considers when does life begin and end for the purposes of the law of murder; should an intention to cause really serious harm suffice as the mens rea for murder; and how might this area of the law be reformed so as to reflect generally recognized principles of the criminal law?

Chapter

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines terrorism and State violence. It addresses two key questions: Is terrorism criminal? What issues are raised by the responses of governments to their sharply heightened perception of terrorism as a significant threat? On the first question, it is argued that while most acts seen as terrorist can fall under, and be dealt with by normal criminal legislation, there are at least two large areas of complication and ambiguity. On the second question of the legislative responses aimed at controlling terrorism, the chapter focuses on the extent to which, both nationally and internationally, it becomes impossible for governments to avoid confronting the crucial issue of balance.

Chapter

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter sets out the book's purpose, which is to introduce students to the broad study of criminology. The study begins at the end of the nineteenth century and considers theories that have gained credence over the past century or so. It then discusses two important aspects to many theories and the policies used by States in addressing crime, over the period studied. First, are offenders acting entirely out of choice or free will, and can thus be blamed and called to account for their actions? Second, are offenders less volitional in that their choices are limited through structural or social factors which tend to exclude or marginalise some groups or individuals? An overview of the subsequent chapters is also presented.

Chapter

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter discusses the relation between international law and criminal jurisdiction by states and examines the main heads of jurisdiction applied by states. It then analyzes the content of the relevant international rules dealing with domestic criminal jurisdiction for the repression of international crimes.

Chapter

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter discusses the two major theories that are currently in use in international criminal law to address group criminality: joint criminal enterprise; and co-perpetration by control over the crime. Under these theories, each participant will be treated as a principal, provided that he played a sufficiently important role in the commission of the crime. Gradations of culpability may be taken into account at the sentencing stage. In addition, although joint criminal enterprise focuses on shared intention and co-perpetration focuses on shared action, the application of either theory will yield the same result in most cases. Indirect perpetration is then analyzed.

Chapter

Envoi  

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter, which summarises the preceding discussions and presents some final thoughts, suggests that we have now entered into a period of substantial change and progress in the field of criminology. Many of the people working in this area are now better equipped to make fuller use of statistical methods. Technological advances—and especially the development of the computer—have also revolutionised both the amount of material that can be collected and, even more, the ways in which it can be analysed and manipulated.

Chapter

This chapter deals with international criminal procedure, focusing on the International Criminal Court (ICC). It first introduces international criminal procedure and the various parties involved in the process (judges, prosecutors, suspects or accused persons, and witnesses and victims). It then examines the pre-trial phase of proceedings, including criminal investigation, the decision to prosecute, and the role of the document specifying the charges (called an ‘indictment’ by some courts and national systems). Next, the chapter provides an overview of the trial phase and examines the role of guilty pleas, evidence (and its pre-trial disclosure), and the conduct of trial proceedings.

Chapter

This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.

Chapter

This chapter focuses on the magistrates’ courts. It discusses the importance of the magistracy and the work that they do; the involvement (and funding) of lawyers in summary justice; major pre-trial decisions such as bail and whether a case can be dealt with in the magistrates’ court or is so serious that it needs to be sent to the Crown court (mode of trial/allocation); how magistrates and their legal advisors measure up to the crime control/due process models of criminal justice; and the future of summary justice (including the impact of managerialist and ‘victim rights’ reforms and trends that encourage dealing with much lower court business away from the courtroom itself).

Chapter

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines theories on female offending, which include biological, hormonal, and psychological theories; learning theories; masculinity/femininity theories; strain theories; and control theories. Traditional mainstream criminology views male criminality as ‘normal’ and something that merely needs to be kept within reasonable bounds. Female criminality is, however, abnormal, unexpected, and portrayed as pathological and irrational. It is argued that mainstream criminology fails to use social explanations of criminality to explain why women offend or are more conforming than their male counterparts. The most promising ideas so far come from control theories and strain theories, so long as these are applied in a gender-neutral manner.

Chapter

This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules and their effectiveness in controlling the use of this power, and also looks at what reasons for arrest are lawful. The chapter shows that arrest is used for many purposes, some more legitimate than others.

Chapter

This chapter focuses on criminology as an academic subject, what it looks like and how the student will be expected to study it. The discussion is underpinned by what is called the ‘triad of criminology’, a basic framework for understanding how criminology fits together through the study of definitions of crime, explanations of criminal behaviour, and responses to crime and criminal behaviour. The chapter also considers the interrelationships between criminology and selected other social sciences such as sociology and psychology; categories and theories of crime; and people, organisations, and systems involved in criminal justice. The goal is to prepare the student for his/her journey through criminology — its objectives, structure, content, study methods, and uses. It also explores the type of criminology that the student will consume, critique, and create throughout his/her engagement with this text.

Chapter

Azrini Wahidin

This chapter explores the links between gender and crime, charts the emergence of feminist perspectives within criminology, examines the different kinds of crimes in which men and women are involved, and considers the complex and changing relationship between masculinity(ies), femininity(ies), and crime. It deconstructs how these relations have been typically understood in criminological theory, and looks at the different ways in which men and women are dealt with by the criminal justice system.

Book

Edited by Anthea Hucklesby and Azrini Wahidin

Criminal Justice provides a thought-provoking and critical introduction to the challenges faced by the UK's criminal justice system, including policing, sentencing, and punishment at the beginning of the twenty-first century. Expert contributors, including criminologists and lawyers, provide students with a critical introduction to issues, institutions, and agencies that shape the operation of the criminal justice system. The book provides students from a range of disciplines including criminology, law, sociology, psychology, and social policy with knowledge and understanding of the key areas of the subject and an appreciation of contemporary debates, policies, and perspectives. Each chapter features questions, summaries, tables, diagrams, annotated further reading, and weblinks to ensure the book is as accessible and engaging as possible, and provides clear guidance on further study. An illuminating glossary of key terms is also included. In this second edition: all chapters have been completely revised and updated; a new chapter has been included on the policy landscape of criminal justice; additional material has been incorporated into two chapters on the police and policing; and a new chapter on the criminal courts has been included, as have additional chapters on innovative aspects of criminal justice, and science and psychology in criminal justice. This title is accompanied by an Online Resource Centre containing an online version of the glossary of key terms and annotated web links.

Chapter

Andrew Sanders, Richard Young, and Mandy Burton

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines, from both an historical and a contemporary perspective, the assertion that there are biological explanations for crime. It first discusses the birth of positivism and new ideas in biological positivism, and then considers the genetic basis of crime and criminality, covering family studies, twin studies, and adoption studies.