Crimmigration Law


Author: César Cuauhtémoc García Hernández
Publisher: N.A
ISBN: 9781627223874
Category: Law
Page: 292
View: 3575

Continue Reading →

Crimmigration Law provides readers with a fundamental understanding of this developing area of law, tracks the legal developments that have created crimmigration law, and explains the many ways that the line between criminal law and immigration law has melted away.

The Borders of Punishment

Migration, Citizenship, and Social Exclusion
Author: Katja Franko Aas
Publisher: Oxford University Press
ISBN: 0199669392
Category: Law
Page: 315
View: 4483

Continue Reading →

What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? Who is the subject of rights within a society and what is the relevance of citizenship to criminal justice? These are fundamental and enduring questions of criminal justice and criminology, examined in this book as it charts the controversial use of immigration lawfor the purposes of the war on terror, closed detention centres, deportation, and border policing.The Borders of Punishment: Migration, Citizenship, and Social Exclusioncritically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues ofimmigration and border control.

Globalisation and the Challenge to Criminology


Author: Francis Pakes
Publisher: Routledge
ISBN: 1136744630
Category: Social Science
Page: 184
View: 3395

Continue Reading →

There is no doubt that globalisation has profound effects on crime, justice and our feelings of security, identity and belonging. Many of these affect both the making of laws and the breaking of laws. It has been argued however that criminology has been too provincial, focusing as it often does on national laws and issues, whilst others have said that globalisation is the stuff of international relations, global finance and trade, not of criminology. This book disputes this by asserting that criminology has a firm place in this arena and globalisation offers the discipline a challenge that it should relish. Some of the field’s top scholars from the UK, the US, Canada, Australia and New Zealand consider these challenges and present cutting-edge analysis and debate. Topics covered include transnational organised crime, international policing and a range of other issues involving global harm such as genocide, the workings of international financial institutions, the fate of international migrants and the impact of anti-immigration sentiments in Europe. A particular focus is on borders and arrangements that deal with migration and populations that are excluded and adrift. This book highlights criminology’s analysis and engagement in new understandings of globalisation, in particular its harmful and unethical manifestations, and offers a mode of scrutiny and vigilance. Globalisation and the Challenge to Criminology will be of particular interest to those studying criminology, criminal justice, policing, security and international relations as well as those who seek to understand globalisation and, in particular, its harmful outcomes.

The Routledge Handbook on Crime and International Migration


Author: Sharon Pickering,Julie Ham
Publisher: Routledge
ISBN: 1135924333
Category: Social Science
Page: 448
View: 790

Continue Reading →

The Routledge Handbook on Crime and International Migration is concerned with the various relationships between migration, crime and victimization that have informed a wide criminological scholarship often driven by some of the original lines of inquiry of the Chicago School. Historically, migration and crime came to be the device by which Criminology and cognate fields sought to tackle issues of race and ethnicity, often in highly problematic ways. However, in the contemporary period this body of scholarship is inspiring scholars to produce significant evidence that speaks to some of the biggest public policy questions and debunks many dominant mythologies around the criminality of migrants. The Routledge Handbook on Crime and International Migration is also concerned with the theoretical, empirical and policy knots found in the relationship between regular and irregular migration, offending and victimization, the processes and impact of criminalization, and the changing role of criminal justice systems in the regulation and enforcement of international mobility and borders. The Handbook is focused on the migratory ‘fault lines’ between the Global North and Global South, which have produced new or accelerated sites of state control, constructed irregular migration as a crime and security problem, and mobilized ideological and coercive powers usually reserved for criminal or military threats. Offering a strong international focus and comprehensive coverage of a wide range of border, criminal justice and migration-related issues, this book is an important contribution to criminology and migration studies and will be essential reading for academics, students and practitioners interested in this field.

Crimmigration Law in the European Union (Part 2)

The Return Directive: Return Decision and Detention
Author: Aniel Pahladsingh
Publisher: Wolf Legal Publishers
ISBN: 9789462403406
Category:
Page: 286
View: 1554

Continue Reading →

In the European Union the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals (Article 1). In Part 2 of the series on crimmigration in the EU, the research is focused on two other instruments of the Return Directive: the return decision and the detention. As defined in Article 3 (4), a return decision "means an administrative or judicial decision or act, stating or declaring the stay of a third country national to be illegal and imposing or stating an obligation to return." According to Article 6 of the Return Directive, Member States are obliged to issue a return decision to any third-country national staying illegally in their territory, unless an express derogation is foreseen by Union Law. As studies have showed in some countries of nationality there is, for the illegal third-country national who is expelled by EU Member States, a risk of criminalization in the form of criminal sanctions such as fines and detention. This is the situation when these countries of nationality criminalize emigration. Forced to return immediately to their countries of departure or nationality, these "inadmissibles" never fully become immigrants. These failed migrants become suspect citizens and they risk a form of double crimmigration in their countries of departure or nationality as they risk being penalized twice: firstly by their involuntary return and secondly by the instigation of ciminal proceedings against them in the country of nationality. Double crimmigration will be a hot topic in EU return policy and security policy in which the EU needs to formulate solutions. [Subject: Crimmigration, Immigration Law, EU Law]

The Constitution and the Future of Criminal Justice in America


Author: John T. Parry,L. Song Richardson
Publisher: Cambridge University Press
ISBN: 1107434068
Category: Law
Page: 360
View: 6502

Continue Reading →

The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.

Preventive Justice


Author: Andrew Ashworth,Lucia Zedner
Publisher: OUP Oxford
ISBN: 0191021059
Category: Law
Page: 310
View: 8967

Continue Reading →

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Social Control and Justice

Crimmigration in the Age of Fear
Author: Maria João Guia,Joanne van der Leun
Publisher: Eleven International Pub
ISBN: 9789490947781
Category: Law
Page: 340
View: 8568

Continue Reading →

This book offers a fresh, multi-disciplinary, and international examination of a phenomenon that has altered the landscape of migration in the United States and is now taking root in Canada and throughout Europe: 'crimmigration law.' Crimmigration law consists of the letter and practice of laws and policies at the intersection of criminal law and immigration law. Crimmigration scholars study the creation of laws and policies, their enforcement, as well as the institutional dynamics that create crimmigration law and are created by it. Many have written about the use of crimmigration law to exert social control over groups marginalized by ethnic bias, class, or citizenship status. This book's contents include: Crimmigration, Securitization, and the Criminal Law of the Crimmigrant * A Reflection on Crimmigration in the Netherlands * Entering the Risk Society: A Contested Terrain for Immigration Enforcement * The Changing Landscape of the Criminalization of Migration in Europe * Disappearing Rights: How States Are Eroding Membership in American Society * The Impact of Immigration Enforcement Outsourcing on Ice Priorities * The Spirit of Crimmigration * Crime and Immigration: The Discourses of Fear as a Theoretical Approach of Critical Evaluation * Recorded Crime Committed by Migrant Groups and Native Dutch in the Netherlands * The Foreign-Born in the Canadian Federal Correctional Population * The Impact of Safety on Levels of Ethnocentrism * The Control of Irregular Migrants and the Criminal Law of the Enemy * Crime among Irregular Immigrants and the Influence of Crimmigration Processes * The Wide Scope of Immigration in the Azores and Its Relationship with Crime * Irregular Immigrants and Their Irish Citizen Children: The Limits of National Citizenship * The Treaty of Prum * Unauthorized Migration

Justice and Security in the 21st Century

Risks, Rights and the Rule of Law
Author: Barbara Hudson,Synnove Ugelvik
Publisher: Routledge
ISBN: 1136451021
Category: Social Science
Page: 256
View: 9209

Continue Reading →

This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.

Legitimacy and Trust in Criminal Law, Policy and Justice

Norms, Procedures, Outcomes
Author: Professor Nina Persak
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472426045
Category: Law
Page: 198
View: 8240

Continue Reading →

This interdisciplinary collection considers aspects of legitimacy and trust that have been neglected in previous studies. With contributions from across the EU, the book focuses on conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; on EU legal and policy aspects of the phenomenon; and on specific court-related issues of legitimacy and trust. The study highlights the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.

Interpreting in a Changing Landscape

Selected papers from Critical Link 6
Author: Christina Schäffner,Krzysztof Kredens,Yvonne Fowler
Publisher: John Benjamins Publishing
ISBN: 9027271321
Category: Language Arts & Disciplines
Page: 340
View: 5617

Continue Reading →

This book of selected papers from the Critical Link 6 conference addresses the impact of a rapidly changing reality on the theory and practice of community interpreting. The recent social, political and economic developments have led to phenomena of direct concern to the field, for example multilingualism in traditionally monolingual societies, the emergence of rare language pairs, or new language-related problems in immigration application procedures, social welfare institutions and prisons. Responding to the need for critical reflection as well as practical solutions, the papers in this volume approach the changing landscape of community interpreting in its diversity. They deal with political, social, cultural, institutional, ethical, technological, professional, and educational aspects of the field, and will thus appeal to academics, practitioners and policy-makers alike. Specifically, they explore topics such as interpreting roles, communication strategies, ethics vs. practice, interpreting vs. culture brokering, interpreting strategies in different interactional contexts, and interpreter training and education.

United States policy on immigration

an overview of the issues affecting the immigration policy of the United States
Author: Robert C. Rowland
Publisher: Natl Textbook Co
ISBN: 9780844258379
Category: Political Science
Page: 148
View: 8176

Continue Reading →

Racialization, Crime, and Criminal Justice in Canada


Author: Wendy Chan,Dorothy Chunn
Publisher: University of Toronto Press
ISBN: 1442605766
Category: Social Science
Page: 240
View: 819

Continue Reading →

Race still matters in Canada, and in the context of crime and criminal justice, it matters a lot. In this book, the authors focus on the ways in which racial minority groups are criminalized, as well as the ways in which the Canadian criminal justice system is racialized. Employing an intersectional analysis, Chan and Chunn explore how the connection between race and crime is further affected by class, gender, and other social relations.The text covers not only conventional topics such as policing, sentencing, and the media, but also neglected areas such as the criminalization of immigration, poverty, and mental illness.

The Oxford Handbook of Criminal Law


Author: Markus D Dubber,Tatjana Hörnle
Publisher: OUP Oxford
ISBN: 0191654604
Category: Law
Page: 1100
View: 5239

Continue Reading →

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Urban Governance


Author: Arend Bewernitz
Publisher: GRIN Verlag
ISBN: 363821544X
Category: Social Science
Page: 17
View: 3947

Continue Reading →

Studienarbeit aus dem Jahr 2003 im Fachbereich Soziologie - Klassiker und Theorierichtungen, Note: 1,3, Technische Universität Berlin (Institut für Stadt- und Regionalplanung), Veranstaltung: Theorie der Stadt- und Regionalplanung, Sprache: Deutsch, Abstract: Vor dem Hintergrund des aktuellen Zustands der deutschen Kommunen mit ihren massiven wirtschaftlichen und finanziellen Problemen gewinnen die Debatten zu Methoden, Möglichkeiten und Chancen der Verwaltungsreform viel an Bedeutung. Diese Arbeit möchte einen kleinen Teil dieser Diskussion im Bereich der (urban) governance nachvollziehen, also die Bedeutung des Begriffs genau definieren, die Entstehung der Governance-Debatte nachzeichnen und ihre Ausprägungen auf kommunaler Ebene darstellen – sowohl theoretisch anhand der Systematik von Jon Pierre der „models of urban governance“ wie auch praktisch am Beispiel der HafenCity in Hamburg. Etymologischer Ursprung und Definition Das englische Wort governance lässt sich auf lateinische Ursprünge zurückführen, gubernare heißt in seiner Grundbedeutung lenken / steuern und stammt aus der Seefahrt. Im Laufe der Zeit wurde gubernare auch abstrakter gefasst und taucht schließlich in Schriften über Recht und Staatsverfassung unter anderem von Caesar, Cicero und Seneca als regieren / lenken / leiten auf. Der terminus technicus rem publicam gubernare wurde im klassischen Latein als Bezeichnung von Personen in leitenden Staatsämtern verwendet, aber auch in lateinischen Sprichwörtern findet sich gubernare (z.B. bei Livius: gubernare e terra, aus sicherem Orte andere in Gefahr belehren wollen). Das französische Wort gouvernance, seit dem 13. Jahrhundert Bestandteil der Sprache, bezeichnete zunächst nur die Form des Regierens. Abgeleitet von dem Wort gouvernail (Steuerrad, in der Schifffahrt) lassen sich auch Verbindungen zum deutschen „steuern“ herstellen. Um Regierung(shandeln) zu beschreiben war allerdings der Begriff méthodes de gouvernment (Methoden des Regierens) gebräuchlicher. Im Zuge der soziologischen und politikwissenschaftlichen Diskussionen der 1970/80er Jahre wurde der Terminus governance, übersetzt mit dem französischen gouvernance, wieder eingeführt, dementsprechend wird der Begriff in der französischen Sprache analog zu der Bedeutung des englischen governance1 definiert, so z.B. bei Marcou u.a.: "La gouvernance gilt für die neuen interaktiven Formen der Steuerung, in denen private Akteure, verschiedene öffentliche Organisationen, Bürgergemeinschaften oder andere Arten von Akteuren an der Verarbeitung der Politik teilnehmen." (Marcou, Rangeon, Thiebault 1997, zitiert nach Ferry 2003: 77) [...]

Criminalization, Representation, Regulation

Thinking Differently about Crime
Author: Deborah Brock,Amanda Glasbeek,Carmela Murdocca
Publisher: University of Toronto Press
ISBN: 1442607130
Category: Social Science
Page: 480
View: 8428

Continue Reading →

What is a crime and how do we construct it? The answers to these questions are complex and entangled in a web of power relations that require us to think differently about processes of criminalization and regulation. This book draws on Foucault's concept of governmentality as a lens to analyze and critique how crime is understood, reproduced, and challenged. It explores the dynamic interplay between practices of representation, processes of criminalization, and the ways that these circulate to both reflect and constitute crime and "justice."