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The Rule of Law in Central America

The Rule of Law in Central America Author Mary Fran T. Malone
ISBN-10 9781441140661
Release 2012-01-12
Pages 232
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The book is a thorough study that focuses on the impact of the current crime wave on citizens' respect for the law in countries such as Nicaragua, Panama, Costa Rica, Guatemala, El Salvador, and Honduras. The work opens with a brief review of the literature on the rule of law and legal socialization, followed by an historical overview of the democratization and justice reform in Central America from the 1990s to the present. Set as a comparative, micro-level study, the work then looks at an array of measures from citizens' toleration of government abuses of power to vigilante justice and the reporting of crime to police. Lastly, an empirical model is developed to predict citizens' attitudes, combining both these micro-level individual attributes with macro-level measures of institutional performance. A unique look at the process of democratization from a comparative perspective, Citizens' Support for the Rule of Law in Central America it will appeal to faculty, researchers, and students interested in Latin American politics, comparative politics, and democratic transition.



Handbook of Transnational Crime and Justice

Handbook of Transnational Crime and Justice Author Philip Reichel
ISBN-10 9781483321967
Release 2013-04-29
Pages 576
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Transnational crime and justice will characterize the 21st century in same way that traditional street crimes dominated the 20th century. In the Handbook of Transnational Crime and Justice, Philip Reichel and Jay Albanese bring together top scholars from around the world to offer perspectives on the laws, crimes, and criminal justice responses to transnational crime. This concise, reader-friendly handbook is organized logically around four major themes: the problem of transnational crime; analysis of specific transnational crimes; approaches to its control; and regional geographical analyses. Each comprehensive chapter is designed to be explored as a stand-alone topic, making this handbook an important textbook and reference tool for students and practitioners alike.



Community Policing in Indigenous Communities

Community Policing in Indigenous Communities Author Mahesh K. Nalla
ISBN-10 9781439888957
Release 2013-03-04
Pages 396
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Indigenous communities are typically those that challenge the laws of the nation states of which they have become—often very reluctantly—a part. Around the world, community policing has emerged in many of these regions as a product of their physical environments and cultures. Through a series of case studies, Community Policing in Indigenous Communities explores how these often deeply divided societies operate under the community policing paradigm. Drawing on the local expertise of policing practitioners and researchers across the globe, the book explores several themes with regard to each region: How community policing originated or evolved in the community and how it has changed over time The type of policing style used—whether informal or formal and uniformed or non-uniformed, whether partnerships are developed with local community organizations or businesses, and the extent of covert operations, if any The role played by community policing in the region, including the relative emphasis of calls for service, the extent to which advice and help is offered to citizens, whether local records are kept of citizen movement and locations, and investigation and arrest procedures The community’s special cultural or indigenous attributes that set it apart from other models of community policing Organizational attributes, including status in the "hierarchy of control" within the regional or national organization of policing The positive and negative features of community policing as it is practiced in the community Its effectiveness in reducing and or preventing crime and disorder The book demonstrates that community policing cannot be imposed from above without grassroots input from local citizens. It is a strategy—not simply for policing with consent—but for policing in contexts where there is often little, if any, consent. It is an aspirational practice aimed to help police and communities within contested contexts to recognize that positive gains can be made, enabling communities to live in relative safety.



The Collapse of American Criminal Justice

The Collapse of American Criminal Justice Author William J. Stuntz
ISBN-10 9780674051751
Release 2011-09-15
Pages 413
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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.



Tax Evasion and the Rule of Law in Latin America

Tax Evasion and the Rule of Law in Latin America Author Marcelo Bergman
ISBN-10 9780271035635
Release 2010-11-01
Pages 280
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Few tasks are as crucial for the future of democracy in Latin America&—and, indeed, in other underdeveloped areas of the world&—as strengthening the rule of law and reforming the system of taxation. In this book, Marcelo Bergman shows how success in getting citizens to pay their taxes is related intimately to the social norms that undergird the rule of law. The threat of legal sanctions is itself insufficient to motivate compliance, he argues. That kind of deterrence works best when citizens already have other reasons to want to comply, based on their beliefs about what is fair and about how their fellow citizens are behaving. The problem of &"free riding,&" which arises when cheaters can count on enough suckers to pay their taxes so they can avoid doing so and still benefit from the government&’s supply of public goods, cannot be reversed just by stringent law, because the success of governmental enforcement ultimately depends on the social equilibrium that predominates in each country. Culture and state effectiveness are inherently linked. Using a wealth of new data drawn from his own multidimensional research involving game theory, statistical models, surveys, and simulations, Bergman compares Argentina and Chile to show how, in two societies that otherwise share much in common, the differing traditions of rule of law explain why so many citizens evade paying taxes in Argentina&—and why, in Chile, most citizens comply with the law. In the concluding chapter, he draws implications for public policy from the empirical findings and generalizes his argument to other societies in Africa, Asia, and Eastern Europe.



Popular injustice

Popular injustice Author Angelina Snodgrass Godoy
ISBN-10 STANFORD:36105120997924
Release 2006
Pages 233
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Popular Injustice focuses on the spread of highly punitive forms of social control (known locally as mano dura) in contemporary Latin America. Many people have not only called for harsher punishments, such as longer prison sentences and the reintroduction of capital punishment, but also support vigilante practices like lynchings. In Guatemala, hundreds of these mob killings have occurred since the end of the country’s armed conflict in 1996. Drawing on dozens of interviews with residents of lynching communities, Godoy argues that while these acts of violence do reveal widespread frustration with the criminal justice system, they are more than simply knee-jerk responses to crime. They demonstrate how community ties have been reshaped by decades of state violence and by the social and economic changes associated with globalization.



Crime and Punishment in Latin America

Crime and Punishment in Latin America Author Ricardo D. Salvatore
ISBN-10 9780822380788
Release 2001-08-30
Pages 474
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Crowning a decade of innovative efforts in the historical study of law and legal phenomena in the region, Crime and Punishment in Latin America offers a collection of essays that deal with the multiple aspects of the relationship between ordinary people and the law. Building on a variety of methodological and theoretical trends—cultural history, subaltern studies, new political history, and others—the contributors share the conviction that law and legal phenomena are crucial elements in the formation and functioning of modern Latin American societies and, as such, need to be brought to the forefront of scholarly debates about the region’s past and present. While disassociating law from a strictly legalist approach, the volume showcases a number of highly original studies on topics such as the role of law in processes of state formation and social and political conflict, the resonance between legal and cultural phenomena, and the contested nature of law-enforcing discourses and practices. Treating law as an ambiguous and malleable arena of struggle, the contributors to this volume—scholars from North and Latin America who represent the new wave in legal history that has emerged in recent years-- demonstrate that law not only produces and reformulates culture, but also shapes and is shaped by larger processes of political, social, economic, and cultural change. In addition, they offer valuable insights about the ways in which legal systems and cultures in Latin America compare to those in England, Western Europe, and the United States. This volume will appeal to scholars in Latin American studies and to those interested in the social, cultural, and comparative history of law and legal phenomena. Contributors. Carlos Aguirre, Dain Borges, Lila Caimari, Arlene J. Díaz, Luis A. Gonzalez, Donna J. Guy, Douglas Hay, Gilbert M. Joseph, Juan Manuel Palacio, Diana Paton, Pablo Piccato, Cristina Rivera Garza, Kristin Ruggiero, Ricardo D. Salvatore, Charles F. Walker



Crime and Violence in Latin America

Crime and Violence in Latin America Author H. Hugo Frühling
ISBN-10 0801873843
Release 2003-06-02
Pages 284
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Offers timely discussion by attorneys, government officials, policy analysts, and academics from the United States and Latin America of the responses of the state, civil society, and the international community to threats of violence and crime.



Guilty

Guilty Author Teri Kanefield
ISBN-10 9780544465565
Release 2014-11-04
Pages 144
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"An extraordinary book . . . that could well be mind-blowing to the thoughtful young reader who is ready to move beyond the black-and-white notion that a particular act is wrong simply because it is illegal." --Richie Partington When does strategy become cheating? Can good luck be theft? Is killing always a crime? Real-world cases show there are often no clear-cut answers in this fascinating look at the ever-evolving world of law and order, and crime and punishment. When some people kill, they are jailed or even executed. When others do, they are celebrated as heroes. Though this example is extreme, it’s just one of many that author and lawyer Teri Kanefield explores in depth. From an examination of what constitutes a crime, why and how we punish people who commit crimes, how the government determines these rules, to how citizens have reacted when they feel laws aren’t fair, this book will challenge young readers’ thinking about law and order, crime and punishment, while giving them specific legal cases to ponder along the way. For ages 12 and up, this examination of the legal system will also include historical photography to help bring each legal case to life.



Why People Obey the Law

Why People Obey the Law Author Tom R. Tyler
ISBN-10 9780691126739
Release 2006
Pages 299
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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.



Punishment Restorative Justice and the Morality of Law

Punishment  Restorative Justice and the Morality of Law Author Erik Claes
ISBN-10 9789050954235
Release 2005-01
Pages 201
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Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.



Latin American Democracy

Latin American Democracy Author Richard L. Millett
ISBN-10 9781317908418
Release 2015-03-02
Pages 316
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More than thirty years have passed since Latin America began the arduous task of transitioning from military-led rule to democracy. In this time, more countries have moved toward the institutional bases of democracy than at any time in the region’s history. Nearly all countries have held free, competitive elections and most have had peaceful alternations in power between opposing political forces. Despite these advances, however, Latin American countries continue to face serious domestic and international challenges to the consolidation of stable democratic governance. The challenges range from weak political institutions, corruption, legacies of militarism, transnational crime, and globalization among others. In the second edition of Latin American Democracy contributors – both academics and practitioners, North Americans, Latin Americans, and Spaniards—explore and assess the state of democratic consolidation in Latin America by focusing on the specific issues and challenges confronting democratic governance in the region. This thoroughly updated revision provides new chapters on: the environment, decentralization, the economy, indigenous groups, and the role of China in the region.



Directory of U S Resources on the Rule of Law for the Independent States of the Former Soviet Union

Directory of U S  Resources on the Rule of Law for the Independent States of the Former Soviet Union Author United States Institute of Peace
ISBN-10 UOM:39015029156513
Release 1992
Pages 271
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Directory of U S Resources on the Rule of Law for the Independent States of the Former Soviet Union has been writing in one form or another for most of life. You can find so many inspiration from Directory of U S Resources on the Rule of Law for the Independent States of the Former Soviet Union also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Directory of U S Resources on the Rule of Law for the Independent States of the Former Soviet Union book for free.



Latin American Law

Latin American Law Author M. C. Mirow
ISBN-10 0292702329
Release 2004-05-01
Pages 343
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"M.C. Mirow has set himself a difficult task, to contribute a one-volume introduction to Latin American law in English, and he has succeeded admirably." —Law and History Review "The impressive scope of this book makes it a major contribution to Latin American legal history. . . . This is an excellent starting place for anyone interested in the legal history of the region, and it is essential reading for those seeking to understand the roots of contemporary Latin American politics and society." —Lauren Benton, New York University, author of Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.



Retribution and Reparation in the Transition to Democracy

Retribution and Reparation in the Transition to Democracy Author Jon Elster
ISBN-10 1107320534
Release 2006-05-08
Pages
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The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. They focus on retribution against the leaders and agents of the autocratic regime preceding the democratic transition, and on reparation to its victims. Part I contains general theoretical discussions of retribution and reparation. The essays in Part II survey transitional justice in the wake of World War II, covering Austria, Belgium, Denmark, France, Germany, Hungary, the Netherlands, and Norway. In Part III, the contributors discuss more recent transitions in Argentina, Chile, Eastern Europe, the former German Democratic Republic, and South Africa, including a chapter on the reparation of injustice in some of these transitions. The editor provides a general introduction, brief introductions to each part, and a conclusion that looks beyond regime transitions to broader issues of rectifying historical injustice.



Crime and Punishment in America

Crime and Punishment in America Author Elliott Currie
ISBN-10 9781250024213
Release 2013-03-26
Pages 288
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An acclaimed criminologist examines America's ongoing war against violent crime, arguing that ever-increasing rates of imprisonment have not reduced--and will not reduce--crime rates and offering a range of tested alternatives based on deterrence. Tour.



Discipline Punish

Discipline   Punish Author Michel Foucault
ISBN-10 9780307819291
Release 2012-04-18
Pages 352
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In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.