protecting the public

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Protecting The Public

Author : Tessa Boyd-Caine
ISBN : 9780415627962
Genre : Social Science
File Size : 57. 81 MB
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The separation of powers and independent, judicial decision-making are generally accepted as hallmarks of the rule of law in democratic societies. Yet the exercise of executive discretion remains an important aspect of criminal justice in many areas. Protecting the Public? explores the tension between the rights of individuals detained under criminal and mental health law and the responsibility for public protection in the little-known world of executive discretion over mentally disordered offenders. It is based on extensive and unique empirical research conducted at the UK Home Office, with legal and clinical practitioners, with civil society organisations and by reference to comparative jurisdictions. Central questions considered include: executive, judicial and tribunal decision-making; mental health and criminal law reform regarding serious or high-risk offenders; the influence of human rights law on policy and practice; and the role of civil society, particularly victim interest groups, in public policy. Through its analysis of decisions to release 'high-risk' offenders, this book goes to the heart of the public protection agenda – examining how 'the public' is constructed and what protection is provided by the exercise of executive discretion. This book will be of interest to academic and other researchers, students, policy-makers, law reformers, commentators and anyone interested in the field of criminal justice, mental health law and public policy.

Crime Justice And Protecting The Public

Author : Great Britain. Home Office
ISBN : 0101096526
Genre : Law
File Size : 37. 28 MB
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The Responsible Contract Manager

Author : Steven Cohen
ISBN : 9781589016491
Genre : Political Science
File Size : 72. 65 MB
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Contract management is a critical skill for all contemporary public managers. As more government duties are contracted out, managers must learn to coordinate and measure the performance of private contractors, and to write contract requirements and elicit bids that obtain important services and products at the best possible price and quality. They must also learn to work in teams that include both public and private sector partners. The Responsible Contract Manager delves into the issues of how to ensure that the work done by private sector contractors serves the public interest and argues for the necessity of making these organizations act as extensions of the public sector while maintaining their private character. Government contract managers have a unique burden because they must develop practices that ensure the production advantages of networked organizations and the transparency and accountability required of the public sector. The Responsible Contract Manager fills a major gap in public management literature by providing a clear and practical introduction to the best practices of contract management and also includes a discussion of public ethics, governance and representation theory. It is an essential guide for all public management scholars and is especially useful for students in MPA graduate programs and related fields.

Protecting The Public In A Changing Communications Environment

Author : Home Office
ISBN : 0101758626
Genre : Political Science
File Size : 61. 70 MB
Format : PDF, ePub
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This consultation considers the collection and use of "communications data", an important technical capability that is used to protect the public against terrorism, serious crime, illegal drugs and to protect the vulnerable in society. But the capability is declining in the face of the rapidly changing communications industry. Communications data is information about a communication and does not include the content of such communications. The police, Serious Organised Crime Agency, HM Revenue & Customs and the intelligence services (and other public authorities in limited areas) can acquire communications data from communications service providers. Communications data is used extensively as evidence in courts. Access to this data is strictly controlled, as the right to privacy must be maintained. Technical changes in the communications industry means companies will offer more communications services, for voice, data and media, including TV, social networking, music, video messaging, games, text, email and internet browsing. These changes will impact on the current capability of access and use of communications data so action must be taken to maintain the existing capability. The Government does not plan for a centralised database for storing all communications data. Instead legislation will ensure that the data required is collected and retained by the communications service providers, including data from UK communications service providers and additional data relating to services provided from overseas providers (third party data). Responsibility for collecting third party data would fall on those communications providers, such as the fixed line, mobile and WiFi operators who own the network infrastructure. The problem of fragmentation would hinder investigating authorities though, so a further step requiring service providers to process the third party data and match it with their own business data where it has elements in common is proposed.

American Probate

Author : Paula A. Monopoli
ISBN : 1555535720
Genre : Law
File Size : 73. 1 MB
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New Hampshire judge and probate attorney John Fairbanks, a court-appointed executor and trustee, stole thousands of dollars from the estates of his trusting elderly clients. Successful Virginia lawyer David Murray misappropriated nearly four million dollars from estates entrusted to him in one of the largest financial swindles by a lawyer in U.S. history. Enterprising attorney James Gunderson drafted wills and living trusts for many residents of Leisure World in Orange County, California, who named him the sole trustee and major beneficiary. These are just some of the cases examined by Paula A. Monopoli to illustrate the unsettling prevalence of fraud and abuse inherent in American probate law. Probate courts are intended to provide a vehicle for the orderly disposition of property after death, to balance the interests of creditors, the government, and heirs, and to protect the rights of the elderly and others with special needs. In this insightful work, Monopoli shows how an array of flaws in the system allows corrupt and unethical lawyers to take advantage of the nation's most vulnerable citizens. She delves into such subjects as the history and purpose of probate, procedural complexities, lack of regulatory oversight, inadequate judicial resources, and the growth of non-probate alternatives, concluding with a blueprint for reform that emphasizes deterrence, detection, and compensation for the victims. This informative account casts new light on the intricacies and failures of a legal process that affects millions of Americans every year.

Ministry Of Justice

Author : Great Britain. National Audit Office
ISBN : 0102952000
Genre : Parole
File Size : 38. 10 MB
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The Parole Board for England and Wales is an independent body that makes decisions on the release of prisoners. The Board works alongside the HM Prison Service and the probation service when deciding on the release of offenders from custody. In the 2006-07 period the Board handled 25,000 cases, a 31 per cent increase from the 2005-06 period. This NAO report, examines the following areas in how the Board works, including: whether the members of the Board are well equipped to make decisions; whether the Board manages its workload in a timely and efficient way; whether the Board has adequate processes for reviewing its performance and learning lessons. The NAO has set out a number of recommendations, including: the Ministry of Justice should, alongside the Parole Board, examine the composition of the Board's membership to consider whether is can be more representative; that the Board should continue to monitor closely the amount of time members are making available for casework; that the Board should introduce a template to record reasons for all parole decisions; that the Ministry of Justice needs to produce more realistic workload forecasts and also introduce a target which covers the entire process of providing information and holding hearings for indeterminate sentenced prisoners (sentences given to prisoners for public protection and life sentences); that the Board should review random samples of some completed cases to assess the quality of the reasons for the decision taken.

Protecting The Public

Author : House of Commons Public Accounts Committ
ISBN : 0215529138
Genre : Law
File Size : 87. 83 MB
Format : PDF
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The Parole Board (the Board), a Non-Departmental Public Body sponsored by the Ministry of Justice, is responsible for deciding whether an offender is suitable for release from custody on parole. The Board's workload of cases to assess has more than doubled in a five year period. The balance has also shifted from more straightforward paper based hearings to more resource intensive oral hearings, where the offender attends and is questioned. This increase in workload stems from the rising prison population and new sentencing regimes. The Board's administrative performance is undermined by a lack of capacity to hear cases, and it often does not receive the key information required to make their assessment on serious offenders. The Prison and probation services have been unable to provide the timely and complete information necessary for the efficient and effective running of the parole process. There are further problems with the oral hearings: two-thirds of oral hearings have not been held in their planned month and 20 per cent of hearings have been held more than 12 months late. These delays are unacceptable and costly - direct costs of £1 million in 2007-07, and nearly £2 million costs to the Prison Service in keeping offenders who should have been released or transferred to open conditions. These costs are significant when set against the Board's net expenditure in 2007-8 of £7.4 million, and the Board needs to administer hearings more effectively. The Board should also be more independent, and its membership more accurately reflect the composition of society.

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