Organised Crime and the Law: A Comparative Analysis by Liz Campbell


Organised Crime and the Law: A Comparative Analysis by Liz Campbell

Author Liz Campbell
Publication Date Feb 2013
ISBN 9781849461221
Soft Cover 
Publisher Bloomsbury Publishing

Organised Crime and the Law provides a summary of the laws and policies that have been implemented in the UK and Ireland to combat the organised crime problem. It also evaluates the modifications made to these legal systems with regard to the avoidance, detection, prosecution, and sentencing of this type of criminal activity. Although the concept of organised crime is debatable, states' legal responses see it and its component offences as unproblematic. This book presents a methodical theological analysis of these national criminal laws, evidentiary laws, and civil procedures.

The conflict between the needs of public safety and risk aversion, as well as other modifications, is the main subject of the book Organised Crime and the Law. Specifically, it highlights similarities and differences between the various jurisdictions in the UK and Ireland, taking into consideration the same history of counterterrorism measures and subversive threats. It also looks at how much policy transfer is visible in the UK and Ireland when it comes to copying US responses to organised crime.

Table of Contents of Organised Crime and the Law: A Comparative Analysis :

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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