Between Criminalization and Protection

Between Criminalization and Protection
Author: Vincenzo Militello
Publisher: BRILL
Total Pages: 88
Release: 2019-08-26
Genre: Law
ISBN: 9004401725

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This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.

Beyond Virtue and Vice

Beyond Virtue and Vice
Author: Alice M. Miller
Publisher: Pennsylvania Studies in Human
Total Pages: 360
Release: 2019
Genre: Law
ISBN: 0812251083

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Beyond Virtue and Vice examines human rights practices that bring crimninal law to bear on sexuality, gender, and reproduction and seek to articulate if, when, and under what conditions, recourse to criminal law is compatible with human rights in matters of gender expression and equality, sexuality, and reproductive health and justice.

Intimacy and Responsibility

Intimacy and Responsibility
Author: Matthew Weait
Publisher: Routledge
Total Pages: 274
Release: 2007-12-14
Genre: Law
ISBN: 1135308152

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In what circumstances and on what basis, should those who transmit serious diseases to their sexual partners be criminalised? In this new book Matthew Weait uses English case law as the basis of a more general and critical analysis of the response of the criminal courts to those who have been convicted of transmitting HIV during sex. Examining cases and engaging with the socio-cultural dimensions of HIV/AIDS and sexuality, he provides readers with an important insight into the way in which the criminal courts construct the concepts of harm, risk, causation, blame and responsibility. Taking into account the socio-cultural issues surrounding HIV/AIDS and their interaction with the law, Weait has written an excellent book for postgraduate and undergraduate law and criminology students studying criminal law theory, the trial process, offences against the person, and the politics of criminalisation. The book will also be of interest to health professionals working in the field of HIV/AIDS genito-urinary medicine who want to understand the issues that may face their clients and patients.

The Criminalization of HIV

The Criminalization of HIV
Author: Scott Burris
Publisher:
Total Pages: 15
Release: 2008
Genre:
ISBN:

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Throughout the HIV epidemic, criminal law has been invoked to deter and punish sexual transmission. The public health community has not favored the enactment of criminal laws specifically targeting people with HIV, nor endorsed the application of general criminal laws to HIV - but neither has it taken a vigorous stand against them. Meanwhile, governments continue to adopt HIV-specific criminal laws, and individuals with HIV continue to be prosecuted under general criminal law around the world. This comment argues that criminal law cannot draw reasonable, enforceable lines between criminal and non-criminal behavior, nor protect individuals or society from HIV transmission. In the protection of women, it is a poor substitute for policies that go to the roots of subordination and gender-based violence. The use of criminal law to address HIV is inappropriate except in rare cases where a person acts with conscious intent to transmit HIV and does so.

Over-criminalization of Conduct

Over-criminalization of Conduct
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher:
Total Pages: 168
Release: 2010
Genre: Law
ISBN:

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Counter-Terrorism, Human Rights and the Rule of Law

Counter-Terrorism, Human Rights and the Rule of Law
Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
Total Pages: 354
Release: 2013-09-30
Genre: Political Science
ISBN: 178195447X

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ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Not a Crime to Be Poor

Not a Crime to Be Poor
Author: Peter Edelman
Publisher: The New Press
Total Pages: 223
Release: 2019-07-02
Genre: Political Science
ISBN: 162097553X

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Awarded "Special Recognition" by the 2018 Robert F. Kennedy Book & Journalism Awards Finalist for the American Bar Association's 2018 Silver Gavel Book Award Named one of the "10 books to read after you've read Evicted" by the Milwaukee Journal Sentinel "Essential reading for anyone trying to understand the demands of social justice in America."—Bryan Stevenson, author of Just Mercy Winner of a special Robert F. Kennedy Book Award, the book that Evicted author Matthew Desmond calls "a powerful investigation into the ways the United States has addressed poverty . . . lucid and troubling" In one of the richest countries on Earth it has effectively become a crime to be poor. For example, in Ferguson, Missouri, the U.S. Department of Justice didn't just expose racially biased policing; it also exposed exorbitant fines and fees for minor crimes that mainly hit the city's poor, African American population, resulting in jail by the thousands. As Peter Edelman explains in Not a Crime to Be Poor, in fact Ferguson is everywhere: the debtors' prisons of the twenty-first century. The anti-tax revolution that began with the Reagan era led state and local governments, starved for revenues, to squeeze ordinary people, collect fines and fees to the tune of 10 million people who now owe $50 billion. Nor is the criminalization of poverty confined to money. Schoolchildren are sent to court for playground skirmishes that previously sent them to the principal's office. Women are evicted from their homes for calling the police too often to ask for protection from domestic violence. The homeless are arrested for sleeping in the park or urinating in public. A former aide to Robert F. Kennedy and senior official in the Clinton administration, Peter Edelman has devoted his life to understanding the causes of poverty. As Harvard Law professor Randall Kennedy has said, "No one has been more committed to struggles against impoverishment and its cruel consequences than Peter Edelman." And former New York Times columnist Bob Herbert writes, "If there is one essential book on the great tragedy of poverty and inequality in America, this is it."

Control and Protect

Control and Protect
Author: Jennifer Musto
Publisher: Univ of California Press
Total Pages: 251
Release: 2016-07-05
Genre: Social Science
ISBN: 0520957741

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Control and Protect explores the meaning and significance of efforts designed to combat sex trafficking in the United States. A striking case study of the new ways in which law enforcement agents, social service providers, and nongovernmental advocates have joined forces in this campaign, this book reveals how these collaborations consolidate state power and carceral control. This book examines how partnerships forged in the name of fighting domestic sex trafficking have blurred the boundaries between punishment and protection, victim and offender, and state and nonstate authority.

Criminalizing Sex

Criminalizing Sex
Author: Stuart P. Green
Publisher: Oxford University Press, USA
Total Pages: 409
Release: 2020
Genre: Law
ISBN: 0197507484

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"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--