Organised crime and the law : a comparative analysis
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Organised crime and the law : a comparative analysis
Hart, 2013
- : [pbk.]
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Includes bibliographical references and index
Description and Table of Contents
Description
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.
Table of Contents
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
I. Introduction
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
I. Introduction
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
I. Introduction
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
I. Introduction
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
VII. Conclusion
7 Beyond the Criminal Realm: Civil Asset Recovery
I. Introduction
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
I. Introduction
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
VI. Conclusion
9 Conclusion
I. Introduction
II. Explaining the Dominant Narrative
III. Recalibrating the Criminal Justice Process
IV. Key National Differences
V. Concluding Remarks
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