Comparative Criminal Procedure

History, Processes and Case Studies

Author: Raneta Lawson Mack

Publisher: N.A

ISBN: 9780837740331

Category: Criminal procedure

Page: 312

View: 3454

"The current globalization of informational access, criminal activity and terrorist interdiction highlights the criminal justice processes in countries around the world. In this emerging global community, comparative analysis of criminal justice is important for gaining an understanding of the complex values that define conceptions of justice across the globe. This book takes a holistic approach to comparative analyses by examining individual processes as a means to highlight differences among systems, while simultaneously exploring and illustrating the historical and procedural contexts that explain why those differences occur."--Résumé de l'éditeur.
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International and Comparative Criminal Justice

A critical introduction

Author: Mark J. Findlay

Publisher: Routledge

ISBN: 1136184155

Category: Social Science

Page: 352

View: 2740

International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.
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Plea Bargaining in National and International Law

Author: Regina Rauxloh

Publisher: Routledge

ISBN: 0415597862

Category: Law

Page: 285

View: 3081

Plea bargaining is one of the most important and most discussed issues in modern criminal procedure law. Based on historical and comparative legal research, the author has analysed the wide-spread use of plea bargaining in different criminal justice systems. The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. Drawing on her research findings, the author goes on to discuss the extent to which plea bargaining should be developed in the International Criminal Court in The Hague, as the question of this practise is set to be one of the seminal debates in the development of international criminal procedures in the new International Criminal Court. Plea Bargaining in National and International Law will be of particular interest to academics and students of international criminal law, criminal procedures and comparative law.
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Comparative Criminal Procedure

Author: Jacqueline E. Ross,Stephen C. Thaman

Publisher: Edward Elgar Publishing

ISBN: 1781007195

Category: Law

Page: 576

View: 2474

This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
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The Origins of Adversary Criminal Trial

Author: John H. Langbein

Publisher: Oxford University Press on Demand

ISBN: 0199258880

Category: Law

Page: 354

View: 3724

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.
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Comparative Criminal Justice

Author: Francis Pakes

Publisher: Routledge

ISBN: 1135982368

Category: Social Science

Page: 248

View: 4365

This book offers an accessible introduction to comparative criminal justice and examines and reflects on the ways different countries and jurisdictions deal with the main stages in the criminal justice process, from policing to sentencing. This popular bestseller has been fully updated and expanded for the third edition. This textbook provides the reader with: a comparative perspective on criminal justice and its main components; a knowledge of methodology for comparative research and analysis; an understanding of the emerging concepts in comparative criminal justice, such as security, surveillance, retribution and rehabilitation; a discussion of global trends such as the global drop in crime, the punitive turn, penal populism, privatization, international policing and international criminal tribunals. The new edition has been fully updated to keep abreast with this growing field of study and research, including increased coverage of the challenge of globalization and its role and influence on criminal justice systems around the world. Topics such as state crime, genocide and the international criminal court have also grown in prominence since the publication of the last edition and are given increased coverage. This book will be perfect reading for advanced undergraduates and postgraduates taking courses in comparative criminal justice and those who are engaged in the study of global responses to crime. New features such as lists of further reading, study questions and boxed case studies help bring comparative criminal justice alive for students and instructors alike.
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The Handbook of Comparative Criminal Law

Author: Kevin Jon Heller,Markus Dubber

Publisher: Stanford University Press

ISBN: 9780804777292

Category: Law

Page: 672

View: 9930

This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
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Inside China's Legal System

Author: Chang Wang,Nathan Madson

Publisher: Chandos Publishing

ISBN: 0857094610

Category: Law

Page: 390

View: 7782

China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically
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Defendant Participation in the Criminal Process

Author: Abenaa Owusu- Bempah

Publisher: Taylor & Francis

ISBN: 1317664698

Category: Law

Page: 200

View: 7568

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
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Legal Dissonance

The Interaction of Criminal Law and Customary Law in Papua New Guinea

Author: Shaun Larcom

Publisher: Berghahn Books

ISBN: 1782386491

Category: Social Science

Page: 188

View: 9957

Papua New Guinea's two most powerful legal orders - customary law and state law -undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.
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Principles of German Criminal Procedure

Author: Michael Bohlander

Publisher: Bloomsbury Publishing

ISBN: 1847318983

Category: Law

Page: 326

View: 3580

The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it is meant as a companion volume to the author's earlier publications, 'The German Criminal Code - A Modern English Translation', and 'Principles of German Criminal Law', also with Hart. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.
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Creative Industries and Innovation in Europe

Concepts, Measures and Comparative Case Studies

Author: Luciana Lazzeretti

Publisher: Routledge

ISBN: 0415677408

Category: Business & Economics

Page: 309

View: 4387

In recent years, the study of creativity has shifted from analysis of culture as an end in itself to one of economic enhancement, and its capability to generate wealth and promote economic development. Increasingly, European cities and regions are using the arts to fuel wellbeing and reinvigorate economies after the comparative demise of more traditional industry and manufacturing. A growing literature is starting to highlight the innovation capacity of cultural and creative industries (CCIs) as they intersect the innovation processes of other manufacturing and services sectors with an innovative and creative output. Culture and creativity may be a strategic weapon to exit the present crisis and redefine an economic model of sustainable development. This book brings together a set of multidisciplinary contributions to investigate the kaleidoscope of European creativity, focussing on CCIs and the innovations connected with them. The two main questions that this volume aims to address are: How can we identify, map and define CCIs in Europe? And how do they contribute to innovation and sustainable growth? The volume is split into two parts. The first part deals with the definition, measurement and mapping of the geography of European CCIs according to a local economic approach, focussing on Italy, Spain, the UK, Austria, Denmark and France. This section surveys the different industrial typologies and spatial patterns, which underline a significant dissimilarity between the North and the South of Europe, mainly due to the difference between heritage-driven and technology-driven countries. The section concludes with a case study on a Japanese creative city. The second part collects some interesting cases of innovation generated in creative spaces such as cities of art or creative clusters and networks. This entails the study of innovations among creative and non-creative sectors (e.g. laser technologies in conservation of works of art and design networks in Italy) and across European and non-European countries (e.g. Spaghetti Western movies in the US or visual artists in New Zealand). Finally, an innovation capacity of culture that can regenerate mature sectors (e.g. the French food supply chain and Swiss watch Valley) or combine the creative and green economics paradigms (e.g. the green creative cities in North Europe) is analyzed. This book will appeal to academics, scholars and practitioners of urban and regional studies, cultural and creative economics and managerial and organization studies.
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Abuse of Process and Judicial Stays of Criminal Proceedings

Author: Andrew L.-T. Choo

Publisher: Oxford University Press

ISBN: 0198258011

Category: Law

Page: 207

View: 488

This book is about the judicial discretion to stay criminal proceedings, and is the first full-length monograph to be published in England on the topic. It presents a fresh perspective on the discretion under consideration by setting the discretion against the general backdrop of the law of criminal evidence. In recent times, a number of evidence scholars have demonstrated persuasively that every exclusionary rule and exclusionary discretion in the law of criminal evidence can be explained by reference to the protection of the innocent from wrongful conviction and/or the protection of the moral integrity of the criminal process. It is demonstrated in this book that the judicial discretion to stay criminal proceedings can, and should, be viewed in the same way. A comparative perspective is adopted where appropriate, with particular reference being made to the jurisdictions of Canada, Australia, New Zealand, Ireland, and the United States.
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Ceasefire Agreements and Peace Processes

A Comparative Study

Author: Malin Akebo

Publisher: Taylor & Francis

ISBN: 1317204131

Category: Political Science

Page: 230

View: 4795

This book analyses and compares ceasefire agreements as part of peace processes in intrastate armed conflicts. Research repeatedly underscores the importance of ceasefire agreements in peace processes but suggests that they can influence such processes in fundamentally different ways. However, despite contradictory expectations, remarkably few studies have so far been devoted to systematic and in-depth analysis of ceasefire agreements in contemporary intrastate armed conflicts. This book contributes to filling this gap by using a process-oriented conflict dynamics approach to analyse and explain how ceasefire agreements are being influenced by and in turn influences the broader dynamics of peace processes. Empirically, the book focuses on the armed conflicts in Aceh (Indonesia) and Sri Lanka. Based on document studies and 57 interviews with key actors, it presents comparative insights and in-depth knowledge about ceasefire agreements in different contextual settings. The book problematizes the common assumption in the literature that ceasefire agreements create momentum in peace processes and pave the way to peace, and it provides a more nuanced analysis and understanding based on two empirical cases analysed within a comparative framework. In contrast to conventional wisdom, it demonstrates how ceasefires on the contrary also can have negative implications on peace processes. This book will be of much interest to students of conflict resolution, peace studies, intra-state conflict, security studies and IR in general.
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Human Rights and Criminal Procedure

The Case Law of the European Court of Human Rights

Author: Jeremy McBride

Publisher: Council of Europe

ISBN: 9789287166890

Category: Law

Page: 398

View: 9746

This handbook is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both explicit and implicit - for the criminal process when interpreting and applying Codes of Criminal Procedure and comparable or related legislation. It does so through extracts from key rulings of the European Court of Human Rights and the former European Commission of Human Rights dealing with complaints about violations of Convention rights and freedoms in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process. The extracts are significant not only because the mere text of the Convention is insufficient to indicate the scope of what is entailed by it but also because the circumstances of the cases selected give a sense of how to apply the requirements in concrete situations.
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Transitional Justice and the Prosecution of Political Leaders in the Arab Region

A Comparative Study of Egypt, Libya, Tunisia and Yemen

Author: Noha Aboueldahab

Publisher: Bloomsbury Publishing

ISBN: 1509911340

Category: Law

Page: 200

View: 2386

The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'. 'Beginning with the striking image of former Egyptian President Hosni Mubarak in the docks in 2011, Aboueldahab analyzes the role of transitional justice processes in relation to the political developments of the Arab Spring. She makes a compelling case for a fundamental rethinking of those approaches to fighting impunity that have become mainstreamed in the international human rights community; this book also challenges assumptions and theories regarding the notion of 'liberalizing' political transitions. Drawing from four country contexts (Egypt, Tunisia, Libya and Yemen) this book demonstrates that human rights goals were undermined because the international community and key national actors ignored the socio-legal histories that shaped the paths and horizons of political change. This book is an important contribution to the study of international criminal law, transitional justice, and the broader field of political transition.' Vasuki Nesiah, Associate Professor of Practice, New York University 'This very timely and perceptive study provides rigorous empirical evaluation of the post-transition prosecution strategies in the Arab region. It demonstrates both the complexity of and contrasts between the cases, but also highlights their divergence from the transitional justice field as it is generally understood. By exploring the broader political shifts and the local political dynamics of prosecutions, Noha Aboueldahab challenges common misconceptions about whose interests prosecutions serve in these contexts. In doing so, she questions the assumptions of transitional justice more broadly.' Hugo van der Merwe, Director of Research, The Centre for the Study of Violence and Reconciliation and Editor-in-Chief of the International Journal of Transitional Justice 'In this book Aboueldahab presents an in depth empirical analysis of the dynamics of transitional justice in the Arab spring. In so doing she highlights not only the practical difficulties faced but provides an insightful commentary on some of the core tensions of transitional justice itself. The book will be an invaluable resource for those seeking to understand the successes and failures of transitional justice and its application to non-liberal transitions.' Dr Catherine Turner, Assistant Professor, Durham Law School
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Victimology and Victim Rights

International comparative perspectives

Author: Tyrone Kirchengast

Publisher: Routledge

ISBN: 1317002288

Category: Law

Page: 278

View: 5181

This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.
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Equal Justice in the Balance

America's Legal Responses to the Emerging Terrorist Threat

Author: Raneta Lawson Mack,Michael J. Kelly

Publisher: University of Michigan Press

ISBN: 9780472023752

Category: Law

Page: 320

View: 3193

"We are in difficult times for the protection of our liberties. Nonetheless, citizens are showing an increased willingness to resist the erosion of the U.S. Constitution. . . . Lawson Mack and Kelly stress the importance of not giving up these fundamental rights and conclude with a message of optimism, noting an increased backlash against the administration's more draconian measures. Although the landscape is still quite bleak, change is in the air." -Michael Ratner, President, Center for Constitutional Rights, from the foreword "A compelling and sophisticated critique of the U.S. government's post-9/11 actions. Mack and Kelly set the stage with the historical perspective on America's response to terrorism and the assessment of terrorist threats, before launching into a comprehensive analysis of the USA Patriot Act. Their hard-hitting approach and easy-to-read style makes for a fascinating treatment of the government's legislative and executive response to the attacks." -Michael P. Scharf, Case Western Reserve University School of Law With its sweeping critique of the USA Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, Equal Justice in the Balance is a sobering and exacting look at American legal responses to terrorism, both before and after 9/11. The authors detail wide-ranging and persuasive evidence that American antiterrorism legislation has led to serious infringements of our civil rights. They show us how deviations from our fundamental principles of fairness and justice in times of heightened national anxiety-whether the Red Scare, World War II, or the War on Terrorism-have resulted in overreaction and excess, later requiring apologies and reparations to those victimized by a paranoia-driven justice system. While terrorist attacks-especially on a large scale and on American soil-damage our national pride and sense of security, the authors offer powerful arguments for why we must allow our judicial infrastructure, imperfect as it is, to respond without undue interference from the politics of anger and vengeance.
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Criminal Behavior

Theories, Typologies and Criminal Justice

Author: Jacqueline B. Helfgott

Publisher: SAGE

ISBN: 1412904870

Category: Social Science

Page: 605

View: 4340

Rich in historical and contemporary theory and research, Criminal Behavior: Theories, Typologies, and Criminal Justice is a comprehensive core text that provides an interdisciplinary overview of criminal behavior by examining relevant crime theories, explanations of how and why crime typologies are developed, literature reviews for major crime categories, and discussions of how crime theories and crime typologies are used throughout the criminal justice process. Focusing on relevant themes and current issues, this text also looks closely at categorizations of criminal behavior, the relationship between crime and pop culture, mass media, and computer technology, and gender issues and crime. This engaging book applies theory and research to real-world criminal justice practice. Key Features and Benefits: Applies theory and research to concrete examples of criminal justice practice in law enforcement, public safety, courts/law, and corrections Explores real-world examples and contemporary issues–using chapter-opening vignettes, illustrative photos and graphs, boxed real-life case studies, and an interdisciplinary framework—making the text lively and engaging Views crime as a dynamic, changing phenomenon and examines how mass media and computer technology shape criminal behavior in a unique chapter on crime, media, and technology that addresses cybercrime and copy cat crimes—topics that fascinate students Examines feminist issues and cultural criminology, reviewing the role of gender and culture in shaping criminal behavior Boasts full chapters on political crime and economic crime—subjects often ignored in other texts Includes comparative information throughout, giving students an international perspective, as well as topical coverage relating to race, ethnicity, and gender issues Ancillaries A Student study site at www.sagepub.com/helfgottstudy includes self-quizzes, e-flashcards, NPR and Frontline audio and video clips, SAGE Journal articles, and more. Instructor Resources on CD include test questions, PowerPoint slides, and in-class exercises. Contact Customer Care at 1.800.818.7243 to request a copy. Intended Audience This core text offers contemporary insight on criminal behavior for undergraduate and graduate students in criminology and criminal justice, psychology, and related fields.
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Science and Ideology

A Comparative History

Author: Mark Walker

Publisher: Routledge

ISBN: 1136466622

Category: History

Page: 288

View: 4929

Does science work best in a democracy? Were 'Soviet' or 'Nazi' science fundamentally different from science in the USA? These questions have been passionately debated in the recent past. Particular developments in science took place under particular political regimes, but they may or may not have been directly determined by them. Science and Ideology brings together a number of comparative case studies to examine the relationship between science and the dominant ideology of a state. Cybernetics in the USA is compared to France and the Soviet Union. Postwar Allied science policy in occupied Germany is juxtaposed to that in Japan. The essays are narrowly focussed, yet cover a wide range of countries and ideologies. The collection provides a unique comparative history of scientific policies and practices in the 20th century.
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