Organised crime and the law a comparative analysis Liz Campbell.

Format:

Book

Author/Creator:

Campbell, Liz, author.

Language:

English

Subjects (All):

Organized crime--Great Britain.

Organized crime.

Organized crime--Ireland.

Criminal law--Great Britain.

Criminal law.

Criminal law--Ireland.

Organized crime--Great Britain--Prevention.

Organized crime--Ireland--Prevention.

Physical Description:

1 online resource (316 p.)

Edition:

1st ed.

Other Title:

Organized crime and the law

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2013.

Language Note:

English

Summary:

Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the changes to these justice systems, in terms of the prevention, investigation, prosecution and punishment of such criminality. While the notion of organised crime is a contested one, States' legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of these domestic criminal laws,laws of evidence and civil processes. Organised Crime and the Law focuses on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and counter-terrorism policies. It also examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime

Contents:

Introduction

Organised crime : defining, measuring and criminalising the problem

The theoretical framework : tensions in criminal justice

Investigating organised crime : altering the pre-trial process

Prosecuting organised crime : the criminal trial

Punishing organised crime : the post-conviction stage of the criminal process

Beyond the criminal realm : civil asset recovery

Revenue matters : taxing organised crime

Conclusion

1 Introduction

I. The Comparator Jurisdictions

II. The Legal Framework

III. The International Dimension

IV. The Theoretical Lens

V. Structural Outline

2 Organised Crime: Defining, Measuring and Criminalising the Problem

I. Introduction

II. Defining Organised Crime

III. The Extent of the Problem

IV. Criminalising Organised Crime

V. What are Organised Crimes?

VI. New State Agencies

VII. Conclusion

3 The Theoretical Framework: Tensions in Criminal Justice

II. Competing Demands in the Criminal Process

III. The Judiciary and Due Process - Dialogue Between the Arms of the State

IV. Conclusion

4 Investigating Organised Crime: Altering the Pre-trial Process

II. Access and Disclosure Orders

III. Suspicious Activity Reports

IV. Surveillance

V. Covert Human Intelligence Sources

VI. Controlled Deliveries

VII. Detention

VIII. Interrogation

IX. Conclusion

5 Prosecuting Organised Crime: The Criminal Trial 1

II. Procedural Law Changes

III. Threats to Jurors and Witnesses

IV. Threats to Jurors

V. Threats to Witnesses

VI. Conclusion

6 Punishing Organised Crime: The Post-Conviction Stage of the Criminal Process

II. General Principles of Sentencing

III. Sentencing Organised Crimes

IV. Reduction of Sentences in Return for Assistance

V. Confiscation of Property upon Conviction

VI. Further Ancillary Orders

7 Beyond the Criminal Realm: Civil Asset Recovery

II. The Irish Prototype

III. The Proceeds of Crime Acts

IV. Interaction between Confiscation and Recovery Powers

V. Challenges to Civil Recovery

VI. Success of the Civil Process

VII. Further Civil Orders

VIII. Conclusion

8 Revenue Matters: Taxing Organised Crime

II. Taxing the Profits of Illegal Acts

III. Appeals against Tax Assessments

IV. Challenges to Revenue Powers

V. Interplay between Civil Recovery and Revenue Powers

9 Conclusion

II. Explaining the Dominant Narrative

III. Recalibrating the Criminal Justice Process

IV. Key National Differences

V. Concluding Remarks

Notes:

Description based upon print version of record.

Includes bibliographical references and index

ISBN:

9781472561282

1472561287

9781782250784

1782250786

OCLC:

852757204