Books Received
September 2011

Listed below are books received for review over the last two months. Entries include publishing information as well as a description of the book. Unless otherwise stated, the book description is taken from the publisher’s website or the book jacket. Selected titles from this list will be chosen for a full review in forthcoming issues of Criminal Law and Criminal Justice Books. Previous books received are available from the links below.

After the Crime: The Power of Restorative Justice Dialogues between Victims and Violent Offenders, by Susan L. Miller. New York: New York University Press, 2011. 265p.

“Too often, the criminal justice system silences victims, which leaves them frustrated, angry, and with many unanswered questions. Despite their rage and pain, many victims want the opportunity to confront their offenders and find resolution. After the Crime explores a victim-offender dialogue program that offers victims of severe violence an opportunity to meet face-to-face with their incarcerated offenders. Using rich in-depth interview data, the book follows the harrowing stories of crimes of stranger rape, domestic violence, marital rape, incest, child sexual abuse, murder, and drunk driving, ultimately moving beyond story-telling to provide an accessible scholarly analysis of restorative justice.” (From Publisher’s Website)

Criminalising Cartels, edited by Caron Beaton-Wells and Ariel Ezrachi. Oxford, UK; Portland, OR: Hart Publishing, 2011. 455p.

“This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation – its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.” (From Publisher’s Website)

Discretionary Justice: Looking Inside a Juvenile Drug Court, by Leslie Paik. New Brunswick, NJ: Rutgers University Press, 2011. 226p.

“Juvenile drug courts are on the rise in the United States, as a result of a favorable political climate and justice officials’ endorsement of the therapeutic jurisprudence movement–the concept of combining therapeutic care with correctional discipline. The goal is to divert nonviolent youth drug offenders into addiction treatment instead of long-term incarceration. Discretionary Justice overviews the system, taking readers behind the scenes of the juvenile drug court. Based on fifteen months of ethnographic fieldwork and interviews at a California court, Leslie Paik explores the staff’s decision-making practices in assessing the youths’ cases, concentrating on the way accountability and noncompliance are assessed. (From Publisher’s Website)

Disproportionate Minority Contact: Current Issues and Policies, edited by Nicolle Parsons-Pollard. Durham, NC: Carolina Academic Press, 2011. 279p.

“In Disproportionate Minority Contact, Parsons-Pollard provides a broad look at DMC and the complexities of attempting to reduce its impact. This edited volume features the writings of prominent scholars and practitioners in the field who provide a well-organized and wide-ranging review of the literature, case studies, and current policies and practices impacting disparate treatment in the criminal justice system.” (From Publisher’s Website)

Gendered Hate: Exploring Gender in Hate Crime Law, by Jessica P. Hodge.  Boston: Northeastern University Press, 2011. 181p.

“Hate crime laws, on both the federal and state levels, increasingly include gender, yet the category continues to be controversial and rarely implemented. Law enforcement officials themselves view the gender category differently from other forms of bias crimes, such as those based on race, ethnicity, religion, or sexual orientation. Why are these types of bias crimes reported more extensively than those gender-biased crimes?
Jessica P. Hodge uses extensive empirical research, including newspaper accounts, legislative histories, and interviews with criminal justice professionals and advocacy groups to investigate the creation and implementation of the gender category in New Jersey. She finds several reasons why the gender category is (or is not) included and/or implemented in particular cases. Extrapolating her findings beyond the Garden State, Hodge illuminates the challenges of developing definitive and effective gender-inclusive bias crime statutes.” (From Publisher’s Website)

Individual Criminal Liability for the International Crime of Aggression, by Gerhard Kemp. Supranational Criminal Law: Capita Selecta. Antwerp, NETH; Oxford, UK (Hart Publishing); Portland, OR (International Specialized Books Services): Intersentia, 2011. 274p.

“The Rome Statute of the International Criminal Court (ICC) provides for the inclusion of the crime of aggression within the Court’s jurisdiction, but the Statute needs to be amended to include a definition of aggression and conditions for the exercise of jurisdiction. The Assembly of States Parties of the ICC will have such an opportunity to review the Rome Statute at its conference in Kampala (Uganda) in 2010. The author argues in this book that the review process provides an opportunity for the establishment of a realistic criminalisation regime for the crime of aggression. However, this criminal justice response to aggression has implications for the collective security system (embodied by the United Nations). No criminal Justice response to aggression can ignore the latter aspect.” (From Publishers Website)

Jury Discrimination: The Supreme Court, Public Opinion, and a Grassroots Fight for Racial Equality in Mississippi, by Christopher Waldrep. Athens, GA: The University of Georgia Press, 2010. 325p.

“In 1906 a white lawyer named Dabney Marshall argued a case before the Mississippi Supreme Court demanding the racial integration of juries. He carried out a plan devised by Mississippi’s foremost black lawyer of the time: Willis Mollison. Against staggering odds, and with the help of a friendly newspaper editor, he won. How Marshall and his allies were able to force the court to overturn state law and precedent, if only for a brief period, at the behest of the U.S. Supreme Court is the subject of Jury Discrimination, a book that explores the impact of the Civil War and Reconstruction on America’s civil rights history.”
(From Publisher’s Website)

Lynching: American Mob Murder in Global Perspective, by Robert W. Thurston. Farnham, Surrey, UK; Burlington, VT: Ashgate, 2011. 427p.

“Addressing one of the most controversial and emotive issues of American history, this book presents a thorough reexamination of the background, dynamics, and decline of American lynching. It argues that collective homicide in the US can only be partly understood through a discussion of the unsettled southern political situation after 1865, but must also be seen in the context of a global conversation about changing cultural meanings of ‘race’. A deeper comprehension of the course of mob murder and the dynamics that drove it emerges through comparing the situation in the US with violence that was and still is happening around the world. Drawing on a variety of approaches – historical, anthropological and literary – the study shows how concepts of imperialism, gender, sexuality, and civilization profoundly affected the course of mob murder in the US. Lynching provides thought-provoking analyses of cases where race was – and was not – a factor.” (From Publisher’s Website)

Making the Transition: International Intervention, State-Building and Criminal Justice Reform in Bosnia and Herzegovina, by Andy Aitchison. Series on Transitional Justice.  Cambridge, UK; Antwerp, Belgium; Oxford, UK (Hart Publishing); Portland, OR (International Specialized Books Services): Intersentia, 2011.

Making the Transition provides an analysis of processes of reform, reconstruction and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts and prisons, the work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analysing their development side by side Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention.” (From Publisher’s Website)

Post-Transitional Justice: Human Rights Trials in Chile and El Salvador, by Cath Collins. University Park, PA: Pennsylvania State University Press, 2010. 277p.

“Latin America is still dealing with the legacy of terror and torture from its authoritarian past. In the years after the restoration of democratic governments in countries where violations of human rights were most rampant, the efforts to hold former government officials accountable were mainly conducted at the level of the state, through publicly appointed truth commissions and other such devices. This stage of transitional justice has been carefully and exhaustively studied. But as this first wave of efforts died down, with many still left unsatisfied that justice had been rendered, a new approach began to take over. In Post-transitional Justice, Cath Collins examines the distinctive nature of this approach, which combines evolving legal strategies by private actors with changes in domestic judicial systems. Collins presents both a theoretical framework and a finely detailed investigation of how this has played out in two countries, Chile and El Salvador. Drawing on more than three hundred interviews, Collins analyzes the reasons why the process achieved relative success in Chile but did not in El Salvador.” (From Publisher’s Website)

Racial Criminalization of Migrants in the 21st Century, edited by Salvatore Palidda. Advances in Criminology. Farnham, Surrey, UK; Burlington, VT: Ashgate, 2011. 308p.

“Over the last two decades in the West, there has been a significant increase in the arrest, imprisonment and detention of migrants. The racial criminalization and victimization of migrants and Roma people has led judicial authorities, local governments, the police, mass media and the general population to perceive migrants and ‘gypsies’ as responsible for a wide range of offences. Taking into consideration the political and cultural conditions that affect and interconnect societies of emigration and immigration, the contributors examine and compare a range of cases in Europe and the United States. The contributions demonstrate how the persecution of the ‘current enemy’ is the ‘total political fact’ of the 21st century in that it ensures consensus and business, or what might be termed the ‘crime deal’ of today.” (From Publisher’s Website)

Restorative Justice Realities: Empirical Research in a European Context, edited by Inge Vanfraechem, Ivo Aertsen and Jolien Willemsens. The Hague; Eleven International Publishing; Portland, OR: c/o International Specialized Book Services, 2010. 283p.

“Restorative justice as an innovative approach to crime and criminal justice has been growing constantly over the past twenty years. Its practices seem to hold great promise for victims, offenders, local communities, and the criminal justice system. Research has been set up in many countries to assess and explore restorative justice processes and outcomes. In spite of many program evaluations showing positive results, risks have been identified as well. Moreover, critics have depicted research in the field of restorative justice as ‘a mile wide but only an inch deep.’ In response to the criticism, this book takes up the challenge to examine restorative justice research as it is undertaken in nine European countries during last twenty years. The book provides an overview of empirical research on victim-offender mediation and conferencing. The research deals with a variety of topics and many of the findings have never been published in English before. The book presents research approaches and results in various countries in order to enhance comparison and to allow further reflection on the possibilities and limits of undertaking European research in this field. This work is the result of the EU funded COST (European Cooperation in Science and Technology) Action A21 on ‘Restorative Justice Developments in Europe,’ and includes contributions by researchers with broad experience in the restorative justice field, supported by policy makers and practitioners.” (From Publisher’s Website).

Suicidal Mass Murderers: A Criminological Study of Why They Kill, by John Liebert and William J. Birnes.  Boca Raton, FL: CRC Press, 2011. 317p.

“On April 16, 2007, Cho Seung-Hui, a student at Virginia Tech with a history of mental illness, became the perpetrator of the most infamous school shooting in the history of the United States. In the aftermath of the killings and Cho’s subsequent suicide, one primary question emerged: Why? Suicidal Mass Murderers: A Criminological Study of Why They Kill explores the answer to this and related questions.” (From Publisher’s Website)

The New Khaki: The Evolving Nature of Policing in India, by Arvind Verma. Boca Raton, FL: CRC Press, 2011. 283p.

“In a democratic society, police are expected to be accountable to the people they serve, upholding the rights of citizens and following due process. In India, however, political pressure in the competitive electoral arena forces the police to adopt questionable means and dubious strategies. As a hierarchical bureaucratic organization, disciplined in a military tradition and schooled in colonial traditions of deference to authority figures, India’s police personnel have effectively alienated the very people they are supposed to serve and protect.
Focusing on practical and actionable options, the book examines how the use of new technology, the judiciary, and other creative administrative mechanisms can give determined police leaders the methods to change the policing system and its practices. It also provides strong evidence for the role of research and scholarship in transforming the police organization, offering illustrative examples and creative responses to endemic problems.” (From Publisher’s Website)

Transnational Organised Crime in International Law, by Tom Obokata. Oxford, UK; Portland, OR: Hart Publishing, 2010. 246p.

“There is extensive and detailed academic literature on the legal development of international crimes such as war crimes and crime against humanity. However, not much attention has been paid to other serious crimes, including narcotics-related offences, human trafficking and money laundering, which do not necessarily amount to international crimes in the traditional sense. The purpose of this monograph is to fill this gap and offer a critical analysis of developments in the field of transnational organised crime under international law. The book is divided into two parts. Part I is entitled “Norms, Principles, and Concepts.” It traces the history of organised crime and explores key concepts and norms relating to the practice from a multi-disciplinary perspective. It then looks at legal obligations imposed upon States as well as non-State actors in relation to transnational organised crime. Part II illustrates how these norms, principles and obligations are translated and enforced in practice. This will be done through case studies at the level of national law (Thailand, Serbia and the UK), regional law (European Union) and international law (United Nations).” (From Publisher’s Website)

Victim Advocacy in the Courtroom: Persuasive Practices in Domestic Violence and Child Protection Cases, by Mary Lay Schuster and Amy D. Propen. Boston: Northeastern University Press, 2011. 234p.

“This volume examines sentencing hearings in criminal court and the presentation of victim impact statements, as well as child protection cases in juvenile court and the recommendations of guardians ad litem (GALS). Through interviews, observations, and textual analysis, all deeply grounded in an innovative court watch program, the authors illuminate the most effective persuasive practices of victim advocates and GALS as they help protect the rights and needs of victims of domestic violence, sexual assault, and child abuse. Mary Lay Schuster and Amy D. Propen offer nuanced interpretations of these strategies in the courtroom setting and provide an understanding of how to develop successful advocacy for vulnerable parties in the legal arena.” (From Publisher’s Website)

Violent Fathering and the Risks to Children: The Need for Change, by Lynne Harne. Bristol, UK: The Policy Press; Portland, OR: c/o International Specialized Books Services, 2011. 212p.

“Current family policy approaches emphasise the significance of paternal involvement in children’s lives, yet there has been a silence on violent and abusive fathering in these discourses. This is the first UK book to specifically focus on violent fathering discussing original research in the context of domestic violence and emerging practice literature to address this problem. The book examines fathers’ perceptions of their domestic violence and its impact on children, their relationships with children and their parenting practices.” (From Publisher’s Website)

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