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Criminal Liability of Managers in Europe: Punishing Excessive Risk (Hart Studies in European Criminal Law)
by Stanislaw ToszaEvery managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.
Criminal Liability of Managers in Europe: Punishing Excessive Risk (Hart Studies in European Criminal Law)
by Stanislaw ToszaEvery managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.
Criminal Liability of Political Decision-Makers: A Comparative Perspective
by Frank ZimmermannThis book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must – as a matter of principle – be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making.Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction.The individual contributions cover topics such as:“bad” political decisions that result in a waste of taxpayers’ moneycorruption and conflicts of interest in political decision-makingimmunities and procedural obstacles to the effective prosecution of politiciansabuse of criminal law and criminal proceedings in the political arenacriminal liability for decisions taken in situations of state emergency the role of criminal law in public opinion.Leading experts examine these and other issues from a comparative perspective.
Criminal Litigation (Legal Practice Course Manuals)
by Lisa MountfordCriminal Litigation offers a comprehensive and practical guide to the areas of criminal litigation covered on the Legal Practice Course. Making effective use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages students to focus on putting their knowledge into a practical context. Written in an informal and accessible style, it covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using numerous diagrams, flowcharts, and examples, while potential changes in the law are highlighted by specially designed 'Looking Ahead' boxes. Chapters end with key points summaries and self-test questions, enabling students to quickly sum up what they have read and test their own knowledge. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources include case study documentation; web links; three additional chapters covering 'Advising at the Police Station - Practical Steps', 'White Collar Crime - Regulatory Offences', and 'Sentencing in Road Traffic Cases'; answers to self-test questions; video case studies; and criminal Litigation Express Train timeline.
Criminal Litigation (Legal Practice Course Manuals)
by Lisa Mountford Martin HannibalCriminal Litigation offers a comprehensive and practical guide to the areas of criminal litigation covered on the Legal Practice Course. Making effective use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages students to focus on putting their knowledge into a practical context. Written in an informal and accessible style, it covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using numerous diagrams, flowcharts, and examples, while potential changes in the law are highlighted by specially designed 'Looking Ahead' boxes. Chapters end with key points summaries and self-test questions, enabling students to quickly sum up what they have read and test their own knowledge. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience—12 months' access to this title on Law Trove will be available from 15 July 2021. Access must be redeemed by 30 June 2022. - The online resources include case study documentation; web links; three additional chapters covering 'Advising at the Police Station - Practical Steps', 'White Collar Crime - Regulatory Offences', and 'Sentencing in Road Traffic Cases'; answers to self-test questions; video case studies; and criminal Litigation Express Train timeline.
Criminal Litigation: Practice and Procedure 2020/21
by SharpleyCriminal Litigation: Practice and Procedure provides a thorough and practical guide to all areas of the law and practice with which the aspiring criminal litigator needs to be familiar. Written with the LPC in mind, this book is suitable for both the core module of Criminal Litigation and the Advanced Criminal Practice option. Case study documents are used to demonstrate both common documents and skills required of a criminal practitioner (eg bail application, plea in mitigation, bad character and hearsay) and, in addition, examples are used throughout the text to illustrate points of complexity. Completed copies of the most important court forms are included where appropriate, and invaluable flowcharts can be found at the end of each chapter to assess understanding of the topics covered. Statutory authorities and case law have been updated to May 2020 to take account of recent developments in the law, including further changes to the law as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The latest version of the Criminal Procedure Rules (2020) is also considered.
Criminal Litigation: Legal Practice Course Guides (LPC) (Clp Legal Practice Guides)
by SharpleyCriminal Litigation: Practice and Procedure provides a thorough and practical guide to all areas of the law and practice with which the aspiring criminal litigator needs to be familiar. Written with the LPC in mind, this book is suitable for both the core module of Criminal Litigation and the Advanced Criminal Practice option. Case study documents are used to demonstrate both common documents and skills required of a criminal practitioner (eg bail application, plea in mitigation, bad character and hearsay) and, in addition, examples are used throughout the text to illustrate points of complexity. Completed copies of the most important court forms are included where appropriate, and invaluable flowcharts can be found at the end of each chapter to assess understanding of the topics covered.
Criminal Litigation: Legal Practice Course Guides (LPC) (Clp Legal Practice Guides)
by SharpleyCriminal Litigation: Practice and Procedure provides a thorough and practical guide to all areas of the law and practice with which the aspiring criminal litigator needs to be familiar. Written with the LPC in mind, this book is suitable for both the core module of Criminal Litigation and the Advanced Criminal Practice option. Case study documents are used to demonstrate both common documents and skills required of a criminal practitioner (eg bail application, plea in mitigation, bad character and hearsay) and, in addition, examples are used throughout the text to illustrate points of complexity. Completed copies of the most important court forms are included where appropriate, and invaluable flowcharts can be found at the end of each chapter to assess understanding of the topics covered.
Criminal Litigation: Practice And Procedure 2018/19 (PDF)
by Deborah SharpleyThis book has been written principally for students studying criminal litigation as part of the Legal Practice Course (LPC). The book is designed so that it may be used both by students studying the basics of criminal litigation on the compulsory part of the LPC, and also students studying advanced criminal litigation as an elective subject. Although intended primarily as a student text, it is hoped that the level of detail in the book will also make it of use to trainee and newly-qualified solicitors. The book concentrates on the practice and procedure of criminal litigation, from the initial investigations carried out by the police through to appeals following conviction. Matters of substantive criminal law arise only where necessary to illustrate a point of practice or procedure, or in the context of the law of evidence. The book employs a case study to illustrate the most common documents that are created during the course of criminal proceedings, and how such documents should be drafted. In addition, worked examples are used to explain complex points of procedure and evidence. Flowcharts are provided, where appropriate, to demonstrate procedures. Each chapter starts with a section entitled ‘Learning Outcomes’, listing the key points covered. Appendix B includes extracts from the Magistrates’ Court Sentencing Guidelines.
Criminal Litigation and Sentencing (Bar Manuals)
by The City Law SchoolCriminal Litigation and Sentencing offers an excellent introduction to the criminal justice system and the rules and procedures which govern the role of the criminal advocate. The manual provides practical guidance on all aspects of a criminal case, from arrest and charge, to trial, appeals, and sentence. Full consideration is given to criminal proceedings in magistrates', youth, and Crown courts, so that the pupil barrister is fully prepared for practice.
Criminal Litigation and Sentencing (Bar Manuals)
by The City Law SchoolCriminal Litigation and Sentencing offers an excellent introduction to the criminal justice system and the rules and procedures which govern the role of the criminal advocate. The manual provides practical guidance on all aspects of a criminal case, from arrest and charge, to trial, appeals, and sentence. Full consideration is given to criminal proceedings in magistrates', youth, and Crown courts, so that the pupil barrister is fully prepared for practice.
Criminal Litigation: Practice And Procedure 2018/19
by Deborah SharpleyThis book has been written principally for students studying criminal litigation as part of the Legal Practice Course (LPC). The book is designed so that it may be used both by students studying the basics of criminal litigation on the compulsory part of the LPC, and also students studying advanced criminal litigation as an elective subject. Although intended primarily as a student text, it is hoped that the level of detail in the book will also make it of use to trainee and newly-qualified solicitors. The book concentrates on the practice and procedure of criminal litigation, from the initial investigations carried out by the police through to appeals following conviction. Matters of substantive criminal law arise only where necessary to illustrate a point of practice or procedure, or in the context of the law of evidence. The book employs a case study to illustrate the most common documents that are created during the course of criminal proceedings, and how such documents should be drafted. In addition, worked examples are used to explain complex points of procedure and evidence. Flowcharts are provided, where appropriate, to demonstrate procedures. Each chapter starts with a section entitled ‘Learning Outcomes’, listing the key points covered. Appendix B includes extracts from the Magistrates’ Court Sentencing Guidelines.
Criminal Litigation: Practice and Procedure 2019/20
by Deborah SharpleyCriminal Litigation: Practice and Procedure provides a thorough and practical guide to all areas of the law and practice with which the aspiring criminal litigator needs to be familiar. Written with the LPC in mind, this book is suitable for both the core module of Criminal Litigation and the Advanced Criminal Practice option.
Criminal Litigation: Practice and Procedure 2019/20
by Deborah SharpleyCriminal Litigation: Practice and Procedure provides a thorough and practical guide to all areas of the law and practice with which the aspiring criminal litigator needs to be familiar. Written with the LPC in mind, this book is suitable for both the core module of Criminal Litigation and the Advanced Criminal Practice option.
Criminal Major Case Management: Persons of Interest Priority Assessment Tool (POIPAT)
by Larry WilsonIn high-profile investigations, when the suspect pool is very large, resources are unduly strained unless the pool can be narrowed down to the most likely offenders. The Persons of Interest Priority Assessment Tool (POIPAT) provides an objective and consistent means of establishing a priority ranking of suspects or persons of interest in any invest
Criminal Major Case Management: Persons of Interest Priority Assessment Tool (POIPAT)
by Larry WilsonIn high-profile investigations, when the suspect pool is very large, resources are unduly strained unless the pool can be narrowed down to the most likely offenders. The Persons of Interest Priority Assessment Tool (POIPAT) provides an objective and consistent means of establishing a priority ranking of suspects or persons of interest in any invest
Criminal Misconduct in Office: Law and Politics (Oxford Monographs on Criminal Law and Justice)
by Jeremy HorderShould the criminal law be used to deter and punish corruption in politics: from employing family members at public expense to improper spending on elections, lobbying, and cronyism? How did so many MPs avoid facing charges after the 2009 government expenses scandal? In this book, Jeremy Horder tackles these questions and more. As well as offering the first treatment of the history, philosophy, and politics of the application of the offence of misconduct in office to Members of Parliament in England and Wales, Horder explains how political corruption might be dealt with in future, and how politicians could be held accountable for their actions so that they are deterred from betraying the public's trust. Use of the criminal law should not be the sole or even the main way to remedy all corruption in politics. Nevertheless, for too long the offence of misconduct in a public office has had an ambiguous status in the political realm. If we are to preserve the good health of government it must be seen as a constitutional fundamental. A charge of misconduct provides a way in which corrupt conduct on the part of legislators can be punished with an appropriate label, holding them to account for the misuse of power by reference to the standards of ordinary people. When other - civil law or regulatory - means prove insufficient, it should be possible for ordinary members of a jury, and not for Parliamentarians or other officials, to decide whether, for example, the expenditure of public money on legislators' private income and benefits amounts to a criminal abuse of the public's trust. This book offers an authoritative and accessible account of a 'bottom-up' (jury standards-led), as opposed to a 'top-down' (officials applying their own standards), approach to the role of the criminal law in constitutional contexts.
Criminal Misconduct in Office: Law and Politics (Oxford Monographs on Criminal Law and Justice)
by Jeremy HorderShould the criminal law be used to deter and punish corruption in politics: from employing family members at public expense to improper spending on elections, lobbying, and cronyism? How did so many MPs avoid facing charges after the 2009 government expenses scandal? In this book, Jeremy Horder tackles these questions and more. As well as offering the first treatment of the history, philosophy, and politics of the application of the offence of misconduct in office to Members of Parliament in England and Wales, Horder explains how political corruption might be dealt with in future, and how politicians could be held accountable for their actions so that they are deterred from betraying the public's trust. Use of the criminal law should not be the sole or even the main way to remedy all corruption in politics. Nevertheless, for too long the offence of misconduct in a public office has had an ambiguous status in the political realm. If we are to preserve the good health of government it must be seen as a constitutional fundamental. A charge of misconduct provides a way in which corrupt conduct on the part of legislators can be punished with an appropriate label, holding them to account for the misuse of power by reference to the standards of ordinary people. When other - civil law or regulatory - means prove insufficient, it should be possible for ordinary members of a jury, and not for Parliamentarians or other officials, to decide whether, for example, the expenditure of public money on legislators' private income and benefits amounts to a criminal abuse of the public's trust. This book offers an authoritative and accessible account of a 'bottom-up' (jury standards-led), as opposed to a 'top-down' (officials applying their own standards), approach to the role of the criminal law in constitutional contexts.
Criminal Networks and Law Enforcement: Global Perspectives On Illegal Enterprise (Transnational Criminal Justice)
by Saskia Hufnagel Anton MoiseienkoThis collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to ‘money mule’ networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.
Criminal Networks and Law Enforcement: Global Perspectives On Illegal Enterprise (Transnational Criminal Justice)
This collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to ‘money mule’ networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.
Criminal Policy in Transition (Oñati International Series in Law and Society)
by Penny Green Andrew RutherfordCriminal Policy in Transition comes along at a time when the literature in criminology is desperately short of “global” perspectives. It helps fill that gap while it presents important new insights into changing penal policy and practice. That it raises as many questions as it seems to answer is one of its great strengths. The authors write knowledgeably about their home societies without being prematurely bounded by comparative criteria. As a result,they develop a complex and uneven image of similarities and differences, of divergence and convergence through time. In this sense the collection offers a model of how international collaborative work should proceed. The book is the product of a workshop held at the International Institute for the Sociology of Law (IISL) in Onati, Spain. The IISL is a partnership between the Research Committee on the Sociology of Law and the Basque Government
Criminal Procedure: Model Problems and Outstanding Answers (Model Problems and Outstanding Answers)
by Prof. Carlton BaileyIn a criminal procedure class, students are asked to determine whether a citizen's constitutional rights were violated, and this question is consistently posed under a myriad of factual circumstances. In order to answer the query, students would need to examine and discuss the United States Supreme Court's interpretations of the Fourth, Fifth, Sixth, and Fourteenth Amendments of the US Constitution, identifying many tests and standards from those examinations and spirited discussions. Criminal Procedure: Model Problems and Outstanding Answers documents a few of the United States Supreme Court's tests and standards from these amendments to provide a more accurate assessment of whether a "right" under the Constitution has retained its full vitality, or whether it has been modified or made less vital than originally intended. Oxford University Press equips students with an accessible guide to acing challenging criminal procedure law exams. In Criminal Procedure: Model Problems and Outstanding Answers, Carlton Bailey helps students demonstrate their knowledge of criminal procedure in the structured and sophisticated manner that professors expect on law school exams. This book provides clear introductions on the fundamental topics in criminal procedure, provides hypotheticals similar to those that students can expect to see on an exam (including multi-issue questions), and offers model answers to those hypotheticals. Professor Bailey then coaches students in how to evaluate their own work with a comprehensive self-analysis section. This book prepares students by challenging them to use the law they learn in class while also explaining the best way to express sophisticated answers on law school exams.
Criminal Procedure: Model Problems and Outstanding Answers (Model Problems and Outstanding Answers)
by Prof. Carlton BaileyIn a criminal procedure class, students are asked to determine whether a citizen's constitutional rights were violated, and this question is consistently posed under a myriad of factual circumstances. In order to answer the query, students would need to examine and discuss the United States Supreme Court's interpretations of the Fourth, Fifth, Sixth, and Fourteenth Amendments of the US Constitution, identifying many tests and standards from those examinations and spirited discussions. Criminal Procedure: Model Problems and Outstanding Answers documents a few of the United States Supreme Court's tests and standards from these amendments to provide a more accurate assessment of whether a "right" under the Constitution has retained its full vitality, or whether it has been modified or made less vital than originally intended. Oxford University Press equips students with an accessible guide to acing challenging criminal procedure law exams. In Criminal Procedure: Model Problems and Outstanding Answers, Carlton Bailey helps students demonstrate their knowledge of criminal procedure in the structured and sophisticated manner that professors expect on law school exams. This book provides clear introductions on the fundamental topics in criminal procedure, provides hypotheticals similar to those that students can expect to see on an exam (including multi-issue questions), and offers model answers to those hypotheticals. Professor Bailey then coaches students in how to evaluate their own work with a comprehensive self-analysis section. This book prepares students by challenging them to use the law they learn in class while also explaining the best way to express sophisticated answers on law school exams.
Criminal Procedure: Theory and Practice
by Jefferson L. IngramCriminal Procedure: Theory and Practice, 3rd Edition, presents a broad overview of criminal procedure as well as a detailed analysis of specific areas of the law that require specialized consideration. The third edition provides students with an updated, comprehensive text written in reader-friendly language to introduce them to the field of criminal procedure. Significant edited legal cases are integrated into each chapter, and comments, notes, and questions accompany each case. This edition features a new chapter covering searches of Internet-connected devices and electronic devices that may store personally connected data. The chapter “The Internet of Things” introduces search and seizure concepts related to electronics. In addition, a section at the conclusion of each chapter, “How Would You Decide,” allows readers to examine the facts of a real case that contain some of the important concepts form each chapter. The reader can compare the individual's personal resolution of the case with the way the actual court determined the issue. Using a balanced text/case format, the author provides an overview of general criminal procedure as well as guidance for law enforcement actions that honor constitutional protections and comport with the rule of law. Instructor support material prepared by the author is available on our website, including lecture slides and instructor’s manual with test bank, as well as online updates on new case law in the area of criminal procedure. This textbook is ideal for all criminal justice programs in both four-year and two-year schools, especially those preparing future police officers, as well as a reference for law students and attorneys.
Criminal Procedure: Theory and Practice
by Jefferson L. IngramCriminal Procedure: Theory and Practice, 3rd Edition, presents a broad overview of criminal procedure as well as a detailed analysis of specific areas of the law that require specialized consideration. The third edition provides students with an updated, comprehensive text written in reader-friendly language to introduce them to the field of criminal procedure. Significant edited legal cases are integrated into each chapter, and comments, notes, and questions accompany each case. This edition features a new chapter covering searches of Internet-connected devices and electronic devices that may store personally connected data. The chapter “The Internet of Things” introduces search and seizure concepts related to electronics. In addition, a section at the conclusion of each chapter, “How Would You Decide,” allows readers to examine the facts of a real case that contain some of the important concepts form each chapter. The reader can compare the individual's personal resolution of the case with the way the actual court determined the issue. Using a balanced text/case format, the author provides an overview of general criminal procedure as well as guidance for law enforcement actions that honor constitutional protections and comport with the rule of law. Instructor support material prepared by the author is available on our website, including lecture slides and instructor’s manual with test bank, as well as online updates on new case law in the area of criminal procedure. This textbook is ideal for all criminal justice programs in both four-year and two-year schools, especially those preparing future police officers, as well as a reference for law students and attorneys.