The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.

The new casebook by Alex Kreit, Illegal Drug and Marijuana Law, published in 2019, substantially revises and updates Controlled Substances. Drug offenders are a ubiquitous part of our criminal justice system. Approximately 1.5 million Americans were arrested for a drug offense in 2011, more than for any other single category of crime. Drug convictions have fueled an explosion in our prison population with drug offenders constituting nearly one quarter of our prison population. Indeed, with the number of Americans incarcerated for a drug offense today larger than the entire United States prison and jail population in 1980, it would not be an exaggeration to say that the single most important development within the field of criminal law over the past four decades has been the war on drugs. Controlled Substances: Crime, Regulation, and Policy provides a comprehensive overview of the many fascinating issues of law and policy related to the criminalization and regulation of illegal drugs. The book begins with materials on the debate about prohibition and its alternatives, with a particular focus on the modern "war on drugs" model of prohibition. After establishing this foundation, the book turns its attention to the drug laws themselves, taking an in-depth look at controlled substances offenses, drug sentencing, and the investigation of drug crimes. The book then considers the body of administrative law that governs the classification of controlled substances and the use and distribution of controlled substance for medical purposes. Finally, the book concludes with an overview of international and comparative issues in drug law.

This volume brings together key articles in the burgeoning field of regulation. The collection is interdisciplinary, in keeping with study of regulation itself, yet the book arranges and explores these articles to make the bewildering array of issues and concepts that comprise the study of regulation comprehensible to a criminological audience. It will be of interest to all scholars and students of criminology and criminal justice, as well as those concerned with reducing the crimes and harms of the powerful.

Amidst the sensationalist claims about the dangers of the Internet, Virtually Criminal provides an empirically grounded criminological analysis of deviance and regulation within an online community. It integrates theory and empiricism to forge an explanation of cybercrime whilst offering new insights into online regulation. One of the first studies to further our understanding of the causes of cyber deviance, crime and its control, this groundbreaking study from Matthew Williams takes the Internet as a site of social and cultural (re)production, and acknowledges the importance of online social/cultural formations in the genesis and regulation of cyber deviance and crime. A blend of criminological, sociological and linguistic theory, this book provides a unique understanding of the aetiology of cybercrime and deviance. Focus group and offence data are analyzed and an interrelationship between online community, deviance and regulation is established. The subject matter of the book is inherently transnational. It makes extensive use of a number of international case studies, ensuring it is relevant to readers in multiple countries (especially the US, the UK and Australasia). Pioneering and innovative, this fascinating book will be of interest to students and researchers across the disciplines of sociology, criminology, law and media and communication studies.

Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.

Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

This title was first published in 2000: John Braithwaite is a distinguished criminologist with an international reputation in the study of regulation and globalization. This collection contains his most important and influential essays in criminal justice and business regulation. It has a substantial introduction explaining the thematization of his work around the design of regulatory systems to maximize freedoms as non-domination.