the right not to be criminalized demarcating criminal law s authority applied legal philosophy

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The Right Not To Be Criminalized

Author : Dennis J. Baker
ISBN : 9781317017776
Genre : Law
File Size : 85. 76 MB
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This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

Cybercrime And Its Victims

Author : Elena Martellozzo
ISBN : 9781317267300
Genre : Social Science
File Size : 52. 39 MB
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The last twenty years have seen an explosion in the development of information technology, to the point that people spend a major portion of waking life in online spaces. While there are enormous benefits associated with this technology, there are also risks that can affect the most vulnerable in our society but also the most confident. Cybercrime and its victims explores the social construction of violence and victimisation in online spaces and brings together scholars from many areas of inquiry, including criminology, sociology, and cultural, media, and gender studies. The book is organised thematically into five parts. Part one addresses some broad conceptual and theoretical issues. Part two is concerned with issues relating to sexual violence, abuse, and exploitation, as well as to sexual expression online. Part three addresses issues related to race and culture. Part four addresses concerns around cyberbullying and online suicide, grouped together as ‘social violence’. The final part argues that victims of cybercrime are, in general, neglected and not receiving the recognition and support they need and deserve. It concludes that in the volatile and complex world of cyberspace continued awareness-raising is essential for bringing attention to the plight of victims. It also argues that there needs to be more support of all kinds for victims, as well as an increase in the exposure and punishment of perpetrators. Drawing on a range of pressing contemporary issues such as online grooming, sexting, cyber-hate, cyber-bulling and online radicalization, this book examines how cyberspace makes us more vulnerable to crime and violence, how it gives rise to new forms of surveillance and social control and how cybercrime can be prevented.

The Entrapment Defense

Author : Paul Marcus
ISBN : 9781579115258
Genre : Law
File Size : 52. 49 MB
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The Entrapment Defense presents a full discussion of trial issues under both subjective and objective tests. It includes full treatment of the standards of proof for both state and defendant, as well as evidentiary problems facing the defense. It gives special attention to inconsistent defense situations and exceptions to the inconsistent defense rule, due process issues, and other constitutional implications of entrapment.

The Chicago Legal News

Author :
ISBN : MINN:31951D010500049
Genre : Law
File Size : 84. 66 MB
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Congressional Record

Author : United States. Congress
ISBN : OSU:32437010745178
Genre : Law
File Size : 30. 37 MB
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The American Educator

Author : Daniel Garrison Brinton
ISBN : NYPL:33433003239872
Genre : Encyclopedias and dictionaries
File Size : 30. 83 MB
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Imperial Reference Library

Author :
ISBN : NYPL:33433075923833
Genre : Encyclopedias and dictionaries
File Size : 42. 15 MB
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Twentieth Century Encyclop Dia

Author : Charles Morris
ISBN : STANFORD:36105119076540
Genre : Encyclopedias and dictionaries
File Size : 87. 75 MB
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