1-20 of 40 Results

  • Keyword: imprisonment x
Clear all

Chapter

Roger Matthews

Imprisonment has been the main form of punishment in western societies for the last 200 years. In that period, however, its role, scale, and functions have changed considerably. This chapter discusses the history of prisons; the role and impact of imprisonment; changes in its scale and purpose; and why it has become the dominant form of punishment in Western societies for the last 200 years.

Chapter

This chapter explores the financial penalties imposed for breaches of competition law in the EU and the UK. Broadly speaking, enforcers have three kinds of ‘weapons’ in their arsenal to use against those who attack competition: remedies, imprisonment, and fines. The first of these weapons may be the most powerful, and includes conduct, structural, and third-party remedies. Incarceration — the second weapon — is a well-publicized feature of the US system, and has been an option in the UK in relation to hard-core cartel conduct since the entry into force of the Enterprise Act 2002 (EA). The argument in favour of the efficacy of fines, the third weapon, is a persuasive one: companies take part in anti-competitive conduct in order to boost profits; remove those profits and the incentive for illegal conduct vanishes.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Geddes [1996] Crim LR 894, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Geddes [1996] Crim LR 894, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

George Mair

This chapter begins with a brief overview of the history of community sentences as alternatives to custody. It then explores the current situation with regard to community sentences and alternatives to custody, drawing on the most up-to-date research available. The chapter also discusses the political environment in which the probation service finds itself. The concluding section summarizes the key issues around the topic.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Geddes [1996] Crim LR 894, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

This chapter considers intentional interferences with the person, including the so-called trespass to the person torts, the tort in Wilkinson v Downton and the Protection from Harassment Act 1997. Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a claimant’s interest in his person, his land or his goods. It is the right itself which is protected, and not just the freedom from resulting damage, and much of the law of trespass is the basis of civil liberties today. This chapter considers the torts of assault, battery and false imprisonment, together with various defences. The principal use today of these torts relates not so much to recovery of compensation but to the establishment of a right, or a recognition that the defendant acted unlawfully. The chapter then considers the tort in Wilkinson v Downton which provides a remedy in cases of indirect intentional infliction of distress and the statutory tort of harassment (Protection from Harassment Act 1997).

Chapter

This chapter considers intentional interferences with the person, including the so-called trespass to the person torts, the tort in Wilkinson v Downton and the Protection from Harassment Act 1997. Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a claimant’s interest in his person, his land or his goods. It is the right itself which is protected, and not just the freedom from resulting damage, and much of the law of trespass is the basis of civil liberties today. This chapter considers the torts of assault, battery and false imprisonment, together with various defences. The principal use today of these torts relates not so much to recovery of compensation but to the establishment of a right, or a recognition that the defendant acted unlawfully. The chapter then considers the tort in Wilkinson v Downton which provides a remedy in cases of indirect intentional infliction of distress and the statutory tort of harassment (Protection from Harassment Act 1997).

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.

Chapter

This chapter examines the ways in which racism and ethnic diversity influence the process and outcomes of criminal justice. The discussions include how minority ethnic groups are represented across the criminal justice process and the proportions they comprise at each stage of the process; minority ethnic people's experiences as victims, their patterns of offending, policing patterns, and rates of disproportionality; and the representation of minorities in the criminal justice professions. The conclusion examines present and future challenges for the criminal justice process in the UK.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.

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 discusses intentional torts. It covers key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: trespass to the person: assault, battery, false imprisonment, the rule in Wilkinson v Downton, and Protection from Harassment Act 1997; trespass to land; trespass to goods and the tort of conversion; and defences to intentional torts: necessity, lawful arrest, consent, and self-defence.

Chapter

This chapter focuses on the treatment of adult prisoners, examining a number of aspects of prison life as well as considering the aims of imprisonment. Key developments since 1990 are considered, including the Woolf Report, managerialism and privatisation, the impact of the Human Rights Act 1998, and the debate on prisoners’ right to vote, to assess whether the just treatment of prisoners has been achieved. While substantial improvements in prison regimes have been made since the early 1990s, there has also been considerable pressure on them from the expanding prison population. The problem of reconciling respect for the human rights of prisoners with the administrative needs of the prison system and the deterrent function of prisons will be highlighted. The potential to limit prison expansion in the current political climate will also be considered.

Chapter

This chapter examines punishment as a means of dealing with crime and its implications for justice. It first introduces the key arguments advanced in support of the idea of punishment in general and specific punitive practices in particular. It then considers the historical development of punishment and its changing role in society, along with specific forms of penal sanction such as death penalty, imprisonment, and community based alternatives to the deprivation of liberty. The chapter goes on to discuss the role of the judiciary in administering punishments as well as the consequences of imposing punitive measures. Finally, it evaluates the potential limitations of the use of punishment, including miscarriages of justice and its apparent failure to affect the likelihood of reoffending.

Chapter

This chapter discusses the place that punishment occupies as a response to crime. In many ways, the idea of punishment lies at the heart of our thinking about crime and criminal justice. It acts as a kind of balancing factor to the offence and seems like an obvious and natural consequence of a wrongful act, as in the biblical idea of ‘an eye for an eye’. However, the criminologist’s task is precisely to interrogate fundamental assumptions and to question the obvious. As such, there is a need to consider, with a critical eye, some well-established conventions such as the principle of ‘just deserts’ and the idea that we should make ‘the punishment fit the crime’. The chapter explores aspects of the historical development of punishment and its changing role in society and looks at particular forms of penal sanction, notably the death penalty, the use of imprisonment, and community-based alternatives to the deprivation of liberty. The chapter then assesses the role of the judiciary in administering punishments, the consequences of imposing punitive measures, and the criticisms of the use of punishment.

Chapter

This chapter begins with a brief historical background of civil wrongs now classified as intentional interference with the person, and then discusses the torts of assault, battery, false imprisonment and intentional infliction of physical or emotional harm, followed by the defences to these torts.

Chapter

This chapter begins with a discussion of the meaning of intentional interference. It then considers assault, battery, false imprisonment, and residuary trespass and harassment. Intentional physical interference with the person may occur by way of an act that threatens violence (assault), amounts to unlawful contact (battery), or constitutes the deprivation of liberty (false imprisonment). There is, in addition, a residuary and uncertain form of liability for the intentional infliction of physical harm, known as the rule in Wilkinson v. Downton. These torts are normally actionable without proof of damage and they also involve a sharp distinction being drawn between an act and an omission: the latter will not normally suffice to ground liability.

Chapter

Dr Karen Dyer and Dr Anil Balan

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 discusses intentional torts. It covers key debates, sample questions, diagram answer plans, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: trespass to the person: assault, battery, false imprisonment, the rule in Wilkinson v Downton and the Protection from Harassment Act 1997; trespass to land; trespass to goods and the tort of conversion; and defences to intentional torts: necessity, lawful arrest, consent, and self-defence.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murray v Ministry of Defence [1988] 1 WLR 692. The document also included supporting commentary from author Craig Purshouse.