In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.

In this compelling work, Roscoe Pound explores the future of criminal law and its role in society. He delves into the different theories and reforms that may shape the criminal justice system for years to come. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

International criminal law is shaped by the influence of individual scholars and the impact of specific rulings and legal frameworks. This volume provides a fresh perspective on the subject, revisiting the sources, treatment and reception of doctrine and jurisprudence from an inter-generational perspective. Analysis of the role of scholars and practitioners such as Arendt, Damaška and Cassese on the conceptualisation of law and jurisprudence is followed by an assessment of the goals and scope of international criminal law, including contemporary developments relating to the interplay between international and domestic jurisdiction, the role of actors and crime definitions. Finally, the volume includes a review of key concepts of individual responsibility and procedural law.

Pre-crime aims to pre-empt ‘would-be-criminals’ and predict future crime. Although the term is borrowed from science fiction, the drive to predict and pre-empt crime is a present-day reality. This book critically explores this major twenty-first century development in crime and justice. This first in-depth study of pre-crime defines and describes different types of pre-crime and compares it to traditional post-crime and crime risk approaches. It analyses the rationales that underpin pre-crime as a response to threats, particularly terrorism, and shows how it is spreading to other areas. It also underlines the historical continuities that prefigure the emergence of pre-crime, as well as exploring the new technologies and forms of surveillance that claim the ability to predict crime and identify future criminals. Through the use of examples and case studies it provides insights into how pre-crime generates the crimes it purports to counter, providing compelling evidence of the problems that arise when we act as if we know the future and aim to control it through punishing, disrupting or incapacitating those we predict might commit future crimes. Drawing on literature from criminology, law, international relations, security and globalization studies, this book sets out a coherent framework for the continued study of pre-crime and addresses key issues such as terminology, its links to past practises, its likely future trajectories and its impact on security, crime and justice. It is essential reading for academics and students in security studies, criminology, counter-terrorism, surveillance, policing and law, as well as practitioners and professionals in these fields.

In this compilation, the authors open by reviewing some concepts that must be clear when we think about ways to help the civil law system to introduce the restorative practices in the criminal law system. Additionally, the authors compare European Union criminal law to the classical meaning of criminal law. The historical development of supranational criminal law is examined, including the different roles of the judicial practice and legislative acts and improving upon the competence of the European Union in criminal law. Lastly, the authors examine the origins and development of penitentiary law in the law schools of Buenos Aires, Córdoba and La Plata between 1887 and 1955. Although in the earlier times of this period only the universities of Buenos Aires and Córdoba were active in the field, the University of La Plata has been included in order to have a complete overview of the academic world in those years.