Dr Marijke Malsch's Books

Democracy in the Courts

Lay Participation in European Criminal Justice Systems

By: Dr Marijke Malsch

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Democracy in the Courts

Lay Participation in European Criminal Justice Systems

By: Dr Marijke Malsch

Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.

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Page Count

375

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

140949666X

ISBN 13

9781409496663

Racialized Correctional Governance

The Mutual Constructions of Race and Criminal Justice

By: Dr Claire Spivakovsky

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Racialized Correctional Governance

The Mutual Constructions of Race and Criminal Justice

By: Dr Claire Spivakovsky

Racialized Correctional Governance examines problems in the relationship between criminology and racialized issues. It questions current models for discussing issues of race in criminal justice systems and asks why a comprehensive theory of race and criminal justice has yet to develop in the discipline. It takes into account the full nature of problems facing racialized peoples in criminal justice systems, the developments and tensions in criminological theory and practice, as well as the scope of racialized criminal justice issues and where they occur. Suggesting that current explanations for the over-representation of racialized peoples in the criminal justice system are inadequate, the book explores the mutual constructions of race and criminal justice. It examines the shortcomings of current discourse, giving an account of how race, criminal justice and criminology are interrelated. Aiming to provide criminology with tools to engage with issues of race and criminal justice, the book develops and applies a set of rules to a series of case studies and proposes ideas for transforming institutional practice.

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Page Count

303

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

1409484688

ISBN 13

9781409484684

Children’s Rights and the Minimum Age of Criminal Responsibility

A Global Perspective

By: Dr Don Cipriani

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Children’s Rights and the Minimum Age of Criminal Responsibility

A Global Perspective

By: Dr Don Cipriani

Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

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Page Count

407

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

1409496635

ISBN 13

9781409496632

Domestic Deployment of the Armed Forces

Military Powers, Law and Human Rights

By: Dr Michael Head,Dr Scott Mann

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Domestic Deployment of the Armed Forces

Military Powers, Law and Human Rights

By: Dr Michael Head,Dr Scott Mann

Until recently, internal use of the armed forces has been generally regarded by the public, as well as academic commentators, as conduct to be expected of a military or autocratic regime, not a democratic government. There is however growing concern that the 'war on terror' has been used to condition public opinion to accept the internal deployment of the armed forces, including for broader industrial and political purposes. This book examines the national and international law, human rights and civil liberties issues involved in governments calling out troops to deal with civil unrest or terrorism. As the introduction of military call-out legislation has become an emerging global trend in the opening years of the 21st century, there is considerable and growing interest in the constitutional and related problems surrounding the deployment of military forces for domestic purposes. Examining the changes underway in six comparable countries, the United States, Canada, Britain, Germany, Japan and Australia, this book provides a review and analysis of this trend, including its implications for legal and political rights.

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Page Count

340

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

1409496740

ISBN 13

9781409496748

Governing through Crime in South Africa

The Politics of Race and Class in Neoliberalizing Regimes

By: Dr Gail Super

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Governing through Crime in South Africa

The Politics of Race and Class in Neoliberalizing Regimes

By: Dr Gail Super

This book deals with the historic transition to democracy in South Africa and its impact upon crime and punishment. It examines how the problem of crime has emerged as a major issue to be governed in post-apartheid South Africa. Having undergone a dramatic transition from authoritarianism to democracy, from a white minority to black majority government, South Africa provides rich material on the role that political authority, and challenges to it, play in the construction of crime and criminality. As such, the study is about the socio-cultural and political significance of crime and punishment in the context of a change of regime. The work uses the South African case study to examine a question of wider interest, namely the politics of punishment and race in neoliberalizing regimes. It provides interesting and illuminating empirical material to the broader debate on crime control in post-welfare/neoliberalizing/post transition polities.

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Page Count

282

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

1472401735

ISBN 13

9781472401731

Incapacitation

Trends and New Perspectives

By: Dr Marijke Malsch,Dr Marius Duker

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Incapacitation

Trends and New Perspectives

By: Dr Marijke Malsch,Dr Marius Duker

In many criminal justice systems a new trend towards incapacitation can be witnessed. A ubiquitous want for control seems to have emerged as a consequence of perceived safety risks. This can be seen not only in the mass incarceration of offenders but also in the disqualification of offenders from jobs, in chemical castration in cases of sexual crimes, the increased use of electronic monitoring and in the life-long monitoring of individuals who pose certain risks. Trends towards incapacitation are now even spreading to public administration and the employment sector, in the refusal of licenses and the rejection of employees with past criminal records. This book discusses the topic of incapacitation from various angles and perspectives. It explores how theories of punishment are affected by the more recent emphasis on incapacitation and how criminal justice practice is changing as a consequence of this new emphasis. Many contributors express criticisms with this trend towards incapacitation. They argue for a better calibration of measures to the severity of the misconduct. In addressing an increasingly important development in criminal justice, the book will be an essential resource for students, researchers, and policy-makers working in the areas of criminal law, sentencing, probation and crime prevention.

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Page Count

413

Publisher

Ashgate Publishing, Ltd.

Published Date

ISBN 10

1409471519

ISBN 13

9781409471516

Book's by Dr Marijke Malsch

Democracy in the Courts

Democracy in the Courts

Racialized Correctional Governance

Racialized Correctional Governance

Children’s Rights and the Minimum Age of Criminal Responsibility

Children’s Rights and the Minimum Age of Criminal Responsibility

Domestic Deployment of the Armed Forces

Domestic Deployment of the Armed Forces

Governing through Crime in South Africa

Governing through Crime in South Africa

Incapacitation

Incapacitation

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