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Chapter

Cover The Oxford Textbook on Criminology

14. Global criminology 2  

Transnational criminology

Sacha Darke

This chapter highlights instances of crime and justice that cross national borders. The chapter is therefore concerned with how global economic, social, and political connections facilitate the organisation of crime and the coordination of justice. The chapter begins by outlining the scope of transnational criminology, looking at the theoretical concepts it employs and its defining characteristics. It then explores some of its major areas of research interest: state terror, drug trafficking, people smuggling, the trade in and dumping of toxic waste, and cybercrime. Finally, the chapter addresses two of the most prominent academic debates within and associated with transnational criminology: the extent to which transnational crime is hierarchical and organised, and the means by which the international community might best police it.

Book

Cover Criminology

Edited by Chris Hale, Keith Hayward, Azrini Wahidin, and Emma Wincup

Criminology is an ideal textbook for undergraduate students approaching the subject for the first time. It offers a comprehensive overview of key criminological issues from specialists in the field, enabling students to gain a full and rounded understanding of the subject. The book examines a wide range of topics, including historical and contemporary understandings of crime and criminal justice; different forms of crime—from street crime to state crime; who commits crime and who the victims of crime are; and how society and state agencies respond to crime and disorder. The contributions offer clear, accessible introductions to the main topics and issues of criminology. The book includes questions, summaries, further reading guidance, useful web links, and tables and diagrams throughout, which help students to understand the more challenging issues and engage with the key debates. The third edition includes contributions from six new authors from the universities of Kent, Durham, Southampton, Cardiff, and Northumbria. They include a chapter on the emergence, scope, and regulation of cybercrime; and on ‘crime, culture, and everyday life’, an area of growing importance. The book is accompanied by an extensive Online Resource Centre that can be used by lecturers and students alike.

Chapter

Cover The Oxford Handbook of Criminology

19. Understanding state crime  

Penny Green and Tony Ward

This chapter discusses the concept of state crime and proposes a distinction between ‘core state crimes’ of organized murder, rape, theft, etc., and more ambiguous criminal activity. Focusing mainly on core state crimes, it reviews some of the main approaches to explaining state violence and corruption. It then explores the methods used by social scientists to study state crime. While ethnographic fieldwork is the central method of research, it is complemented by a range of other sources of quantitative and qualitative data. These include, for example, the analysis of social media content and satellite imagery.

Book

Cover The Oxford Handbook of Criminology

Alison Liebling, Shadd Maruna, and Lesley McAra

As the most comprehensive and authoritative single volume on the subject, the seventh edition of the acclaimed Oxford Handbook of Criminology is a completely revised collection of 44 essays by leading authors in the field. It is organized into four sections: constructions of crime and justice; borders, boundaries, and beliefs; dynamics of crime and violence; and responses to crime. Criminology is expanding its borders and seeking new answers to questions of crime and punishment, citizenship, and democratic living, including issues of state crime and globalization. Some of the newest areas of study in criminology include migration, asylum, and the integration of global populations following war or famine; privacy and the governance of ‘big data;’ and the movement to abolish the police and prisons. All of these topics, as well as classic questions of the causes and consequences of crime, receive attention here. The editors have also made room for greater inclusiveness and diversity, with a wider range of newer scholars, and taking account of new developments in the fields of zemiology and green criminology, as well as previously neglected themes such as victimology, sexual violence, and atrocity crimes. The chapters contain extensive references to aid further research, and the book is accompanied by an online resource centre featuring: selected chapters from previous editions; guidance on answering essay questions; practice essay questions; web links; and figures and tables from the text.

Book

Cover The Oxford Handbook of Criminology

Edited by Alison Liebling, Shadd Maruna, and Lesley McAra

As the most comprehensive and authoritative single volume on the subject, the sixth edition of the acclaimed Oxford Handbook of Criminology is a completely revised collection of 44 essays by leading authors in the field. It is organized into four sections: Constructions of crime and justice; Borders, boundaries, and beliefs; Dynamics of crime and violence; and Responses to crime. Criminology is expanding its borders, and seeking new answers to questions of crime and punishment, citizenship, and democratic living, including issues of state crime and globalisation. Some of the newest areas of study in criminology include migration, asylum, and the integration of global populations following war or famine; privacy and the governance of ‘big data;’ and the privatisation of justice and security. All of these topics, as well as classic questions of the causes and consequences of crime, receive attention here. The new editors have also made room for greater inclusiveness and diversity, with a wider range of newer scholars taking account of new developments in the field such as zemiology and green criminology, as well as previously neglected themes such as domestic violence and sex work. The chapters contain extensive references to aid further research, and the book is accompanied by an online resource centre featuring: selected chapters from previous editions; guidance on answering essay questions; practice essay questions; web links; and figures and tables from the text.

Chapter

Cover The Oxford Handbook of Criminology

36. Criminology, punishment, and the state in a globalized society  

Katja Franko

Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical, and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.

Chapter

Cover International Criminal Law

14. Jurisdictional immunities  

State officials enjoy two types of immunity from the jurisdiction of foreign courts: functional immunity prevents a current or former State official being brought before the courts of a foreign State in respect of his or her official acts (also called immunity ratione materiae); personal immunity is held by certain high officials for the duration of their office and covers both their private and official acts (also called immunity ratione personae). The question then arises whether these immunities are available in the case of international crimes. This chapter first provides an overview of the law of state immunity in general international law. It then considers the immunities enjoyed by individual officials in criminal cases, with a particular emphasis on the law that applies before national courts. It also looks at the applicable law before the International Criminal Court (ICC), and the controversial question of which immunities (if any) are available to the officials of States that are not party to the ICC Statute.

Chapter

Cover The Oxford Handbook of Criminology

15. Criminology, punishment, and the state in a globalized society  

Katja Franko

Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.

Chapter

Cover The Oxford Handbook of Criminology

24. Green criminology  

Avi Brisman and Nigel South

Criminology must maintain relevance in a changing world and engage with new challenges. Perhaps pre-eminent among those facing the planet today are threats to the natural environment and, by extension, to human health and rights and to other species. A green criminology has emerged as a (now well-established) criminological perspective that addresses a wide range of crimes, harms and offences related to the environment and environmental victims. This chapter provides a review of green criminological work on climate change, consumption and waste, state-corporate and organized crimes, animal abuse, and wildlife trafficking. It also considers the strengths and weaknesses of current approaches to regulation, enforcement and control.

Chapter

Cover International Law

9. Immunities  

This chapter explores the concept of immunities. Immunity from jurisdiction describes the doctrines developed in domestic courts over time to avoid infringements on State sovereignty whenever possible. Generally speaking, immunities seek to prevent foreign courts from exercising jurisdiction regarding the conduct of another State, its agents, officials, or diplomatic representatives, as well as from adjudicating on inter-State disputes without their consent. Due in part to the historical conflation of State and sovereign that defined the scope of immunity, several mechanisms have been developed that allow various categories of officials of States to invoke immunity in the courts of another State. Often an exemption from local jurisdiction exists in relation to mundane violations such as driving offences or administrative matters. However, exemption from jurisdiction has important policy implications if the act in question constitutes an international crime.

Chapter

Cover Brownlie's Principles of Public International Law

27. Multilateral public order and issues of responsibility  

International law has remained imprecise with respect to the scope and consequences of serious, systemic illegality, but there have been developments that have made collective action under law possible. The chapter reviews the objective consequences of illegal acts, covering peremptory norms (ius cogens), the obligation not to recognize a situation as lawful, and the obligation of putting an end to an unlawful situation.

Chapter

Cover The Oxford Handbook of Criminology

14. Green criminology  

Avi Brisman and Nigel South

Criminology must maintain relevance in a changing world and engage with new challenges. Perhaps pre-eminent among those facing the planet today are threats to the natural environment and, by extension, to human health and rights and to other species. A green criminology has emerged as a (now well established) criminological perspective that addresses a wide range of harms, offences, and crimes related to the environment and environmental victims. This chapter provides a review of green criminological work on climate change, consumption and waste, state-corporate and organized crimes, animal abuse, and wildlife trafficking. It also considers the strengths and weaknesses of current approaches to regulation and control.

Chapter

Cover Criminal Law

2. Actus reus  

Michael J. Allen and Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter explains the concept of actus reus. It discusses the elements of crime, defining an actus reus, proving an actus reus, that conduct must be voluntary, state of affairs offences, omissions liability (situations in which a person will be liable for failing to act), causation (including the principles of factual and legal causation), and coincidence in time of actus reus and mens rea. ‘The law in context’ feature analyses critically English law’s approach to liability for causing another person’s suicide.

Chapter

Cover Criminology

1. What is crime? Contrasting definitions and perspectives  

Wayne Morrison

This chapter, which introduces some of the complex interrelationships surrounding the various ways that crime is constructed and objectified, shows that, in practice and in the literature, there is much disagreement over the exact definition of a crime. It discusses four frameworks in which to make sense of how crime is defined: (a) crime as a social construction; (b) crime as a product of religious authority/doctrine; (c) crime as a reflection of nation-state legality; and (d) more recent concepts beyond the nation state derived from social and political theory.

Chapter

Cover Criminal Law Directions

2. Actus reus  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the actus reus elements of a criminal offence. The actus reus of an offence may involve an act or omission (conduct crimes); certain consequences being caused (result crimes); or the existence of surrounding circumstances (‘state of affairs’ crimes); it must be voluntarily performed. There is generally no liability for an omission to act. There are five exceptions: special relationship, voluntary assumption of responsibility, supervening fault, contractual duty or public office, and statutory duty. Where the defendant is charged with a ‘result’ crime, the prosecution must prove causation. An intervening event will break the chain of causation and the actus reus will not be established.

Chapter

Cover International Law

8. Jurisdiction  

This chapter studies jurisdiction. The term ‘jurisdiction’ is generally understood by international lawyers as describing the extent, and limits, of the legal competence of a State, entity, or regulatory authority, to make, apply, and enforce legal rules with respect to persons, property, and other matters. Jurisdiction is the necessary corollary to State sovereignty under modern international law, for it represents the exercise of authority of that State in relation to conduct, or to consequences of events, that it deems itself competent to regulate. The quintessential areas of regulation that would be regarded as falling within the domestic jurisdiction of a State include the setting of conditions for the grant of nationality and the conditions under which aliens (non-nationals) may enter a State’s territory. The chapter then distinguishes the types of jurisdiction: prescriptive jurisdiction, enforcement jurisdiction, and adjudicative jurisdiction.

Chapter

Cover Brownlie's Principles of Public International Law

26. Consequences of an internationally wrongful act  

In the event of an internationally wrongful act by a state or other subject of international law, other states or subjects may be entitled to respond. This may be done by invoking the responsibility of the wrongdoer, seeking cessation and/or reparation, or (if no other remedy is available) possibly by taking countermeasures. This chapter discusses international law governing cessation, reparation, invocation.

Book

Cover Cassese's International Law

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalá

This book provides an authoritative account of international law. It preserves and extends Antonio Cassese’s exceptional combination of a historically informed, conceptually strong, and practice-infused analysis of international law, comparing the treatment of most issues in classical international law with the main subsequent developments of this constantly evolving field. Part I of the book covers the origins and foundations of the international community. Part II is about the subjects of the international community, including States, international organizations, individuals, and other international legal subjects. Part III examines the main processes of international law-making and the normative interactions between different norms, of both domestic and international law. Part IV studies the mechanisms of implementation of international law, including State responsibility, diplomatic and judicial means of dispute settlement, and enforcement mechanisms. Part V covers a number of areas which have undergone particular development and reached a high level of specialization, namely, UN law, the law governing the use of force, international humanitarian law, international human rights law, international criminal law, international environmental law, and international economic law (trade and investment).