"INTERNET LAW BOOK REVIEWS", Provided by Rob Jerrard LLB LLM (London)

Ashgate Publishing/Gower Publishing. Books Reviewed in 2008

Copyright Rob Jerrard ©

All books for review should be forwarded to Rob Jerrard Please


Demanding Sex: Critical Reflections on the Regulation of Prostitution
Edition: 1st
Format: Hardback
Author: Edited by Vanessa E. Munro, University of Nottingham, UK and Marina Della Giusta, University of Reading, UK
ISBN: 978 0754671503
Publishers: Ashgate
Price: £55
Publication Date: September 2008
 
Publisher's Title Information

 
Interrogating supply/demand from an inter- and multi-disciplinary perspective, this collection broadens engagement beyond the routine analysis of the locus of violence in prostitution and the validity of the prostitute's consent. A focus on the supply/demand dynamic brings into play a range of other societal, economic and psychological factors such as the social construction of sexuality, the viability of alternative choices for prostitutes and clients, and the impact of regulatory regimes on the provision of sexual services. The factors which underlie each component of the supply/demand dyad are also studied and an examination is made of their dynamic interrelation. The collection emphasizes the importance of rendering policy makers alert to the evidence emerging from empirical studies conducted in different fields of enquiry, in the hope of moving beyond polarity and politics at the local, national and international level.
 

Contents:
 
Editors' introduction: the regulation of prostitution: contemporary contexts
and comparative perspectives, Vanessa E. Munroe and Marina Della Giusta; Legal incursions into supply/demand: criminalising and responsibilising the buyers and sellers of sex in the UK, Jane Scoular and Maggie O'Neill; Be helped or else! Economic exploitation, male violence and prostitution policy in the UK, Jo Phoenix; Wolfenden 50: revisiting state policy and the politics of sex work in the UK, Sophie Day; The construction of prostitutes and clients in French policy debates, Gill Allwood; Exploring exploitation: trafficking in sex, work and sex work, Vanessa E. Munro; Putting trafficking on the map: the geography of feminist complicity, Sharron A. Fitzgerald; Simulating the impact of regulation changes on the market for prostitution services, Marina Della Giusta; Client participation and the regulatory environment, Alan Collins and Guy Judge; Criminalising the use of trafficked prostitutes: some philosophical issues, David Archard; Why hate men who pay for sex? Exploring the shift to 'tackling demand' in the UK, Teela Sanders and Rosie Campbell; The consumer, the consumed and the commodity: women and sex buyers talk about objectification in prostitution, Madeleine Coy; Index.
 

About the Editors:
 
Vanessa Munro is Professor of Socio-Legal Studies at the School of Law, University of Nottingham. Her research is framed by a feminist theoretical analysis, and is especially concerned with the law's engagement with the parameters of women's consent. She has published extensively on aspects of feminist legal and political theory.
 
Dr Marina Della Giusta is Senior Lecturer in Economics at the University of Reading. Her research interests are in Development economics, in particular economics of trust and social capital, roles of institutions and social mechanisms in market access, prostitution, and gender. She has published widely in these and related areas.
 

Reviews to Date:
 
'This text cleverly deconstructs concepts such as exploitation and trafficking which have captured the political and moral imagination. Its first-rate legal analysis provides theoretical clarity regarding the concept of exploitation to expose the highly moralized and politicized context in which contested claims are made about these issues. It also explores the economic and social burden of punitive and coercive regulation in sex work to provide the analysis necessary for policy reform. This is not only one of the best feminist books on sex work policy I have read but also the best critical criminological edited collection on sex work there is and certainly the most articulate analysis of the current debate.'

Belinda Brooks-Gordon, Birkbeck, University of London, UK


Review

This inter-disciplinary and topical collection of essays from leading contemporary writers explore issues relating to prostitution policy and the commodification of sex, which, given recent Government reviews and consultations, is very much an issue exercising the public agenda at present. The editors argue that, as typically, most discourse is driven by sociological perspectives their aim is to interrogate the supply and demand of paid sex through a wider range of disciplines including law, economics, political and social theory, human geography etc.. This is laudable, as complex social issues like prostitution demand a truly interdisciplinary analysis and given the broad range of disciplines covered the editors succeed in producing a largely coherent, integrated and well organised volume that should be of interest to a diverse readership. Sex as a commodity inevitably divides opinion on moral, religious, political and even feminist grounds, like no other. And in respect of criminalisation who should be culpable? The purchaser or the seller? Many of the authors (rightly) challenge current thinking about sex as a 'consumer activity' and the universal 'victimisation' of sex workers. No doubt some of the contentious assertions made may find less favour with officialdom, but when similar messages echo across a range of subject boundaries and are supported by original empirical research, then perhaps those in authority can be persuaded to at least consider alternative perspectives.
 
The first three chapters focus on abolitionism and recent government initiatives to reduce supply and demand by punishing those who seek to purchase sex while simultaneously facilitating 'exit' strategies for the women involved. The perennial impasse of whether 'the oldest profession' is an unacceptable, immoral and continuing patriarchal(?) social practice that should be eradicated through criminalization; or a legitimate commercial transaction that should/could be decriminalised or permitted through appropriate (employment?) regulation and control underpins these abolitionist debates. In the first chapter, Scoular and O'Neill draw analogies with the saving of fallen women but argue that in failing to distinguish between forced and 'voluntary' prostitution. the Government's 'responsibilisation' agenda assumes a normative victim trajectory; if official research more actively involved sex workers rather than being simply about them, a more informed basis on which to legislate would be achieved. Phoenix is equally critical of the emphasis on 'totalising [gendered] victimisation' asserting that the division of women as victims and men as abusers is too simplistic and fails to recognise that men can be sex workers too. While more 'benevolent' and multi-agency based policing reduced police cautions by some 80% between 1989-2004 the alternative shift towards behaviour orders still fails to acknowledge that for many women, living in a 'gendered survival strategy' is far more complex. Day marks the 50th anniversary of the Wolfenden Report by arguing that the shift in reduction in state intervention as encouraged then to the current desire to completely eradicate (public) prostitution leaves less 'space' and opportunity for sex workers to engage in licit activities as they have instead been targeted to be 'redeemed, rehabilitated and reintegrated.'

Allwood then presents an interesting and engaging chapter analysing victimisation and abolition issues in the French context where state feminists have similarly equated prostitution with a form of male violence and insistence that 'the body is not a commodity.' The Domestic Security Act conflated prostitution with concerns about public safety and immigration targeting 'foreign' prostitutes (as opposed to the 'stereotypical' 'native' French prostitute) through arrest and detention as a protectionist means of 'saving' them from abuse and exploitation. The problem of trafficking continues in the following two chapters. Munro, somewhat controversially, challenges us to think again about understandings of 'coerced' sexual exploitation and the question of whether harm must necessarily result from a practice or transaction in order for it to be exploitative. She suggests that not all involved in trafficking are necessarily coerced and that automatic subjection to exploitative labelling ignores the fact that for some it is a deliberate and informed decision. Fitzgerald also considers different understandings of exploitation drawing on cultural geography and an examination of anti-prostitution feminist groups and their political influence, internationally and within Europe.
The latter chapters focus more on the role of clients as consumers starting with two from the perspective of the economist. Giusta's aim is to show how economists can usefully engage in discussion with other disciplines and how an economic analysis can inform and enable policy making. However, for non-economists some of the models, jargon and theories utilised were not
really packaged for a multidisciplinary audience with little knowledge of economic approaches.
 
By comparison Collins and Judge utilise rational choice theory in a more universally understandable way and (unsurprisingly?) confirm that generally surges in client demand tend to localise in direct correlation to positive police activity and enforcement levels in the area. They confirm that paid sex markets are not homogenous and despite initiatives to regulate either as an 'acceptable' consumer activity or with a view to market elimination, warn that it is unrealistic to expect all clients to reject the 'search out and kerb-crawl' approach. Archard's (rather laboured in places) chapter posits a moral dilemma. A moral philosopher he questions the suggestion made by the Home Office and ACPO that those who are unwittingly or unknowingly drawn into sexual contracts with prostitutes who have been trafficked should be prosecuted for rape - the policy rationale being that this is one way of protecting such women from sexual exploitation. He confirms (correctly) that the law on rape as it stands could not possibly uphold a conviction (surely the Home Office and the Police would/should have realised this too?) and strays into the now rather pointless territory of DPP v Morgan concluding that while such 'clients' may be guilty of having sex that is coerced they have not in fact themselves coerced the service provider.
 
The penultimate chapter by Sanders and Campbell critiques the intensification of recent policies to 'tackle demand' by 'naming and shaming' those that seek out paid sex. They argue that “shaped by an abolitionist, radical, feminist sectional lobby” it is easier to generate hostility against such men - even where none exists - that can then be used to justify “symbolic legislation” which criminalises all clients rather than commit resources to seek out effective resolutions to understand why men buy sex rather than simply hating the fact that they do. Is state confiscation of driving licences and disqualification from driving an appropriate and proportionate punitive means to tackle such demand where there is no regulatory framework as compared to countries like Sweden? In the final chapter, Coy, a feminist researcher with a background in outreach work, addresses the “psycho/social dimensions of prostitution,” particularly its objectification of women, and powerfully challenges the 'normalisation' of sex work through consumerism and sexual culture. In asserting that prostitution remains a significant barrier to gender equality and constitutes a form of violence against women she rejects regulation and endorses elimination, but disappointingly does not provide a view on where she thinks the role of the law/criminalisation should fit.
 
Overall then this collection provides a broad range of views and perspectives about the commercial, personal and societal desirability of (public) commercial sex presenting a balanced volume where contrasting and conflicting arguments can be found testing the reader to question and revise their own views. And this is exactly what an academic text should do. Strong differences of opinion are evident amongst some of the contributors but this makes the book a germane and significant contribution to current debates. Discord tends to polarise over questions about whether such activities should be condoned but regulated, or abolished as objectionable. Some, feminists in particular, regard all forms of paid sex as patriarchal objectification whereas others are more ambivalent and acknowledge that individual choice can be a factor. However, pretty much all are unanimous that current criminal legal policy and its enforcement is counterproductive, hypocritical, offers little in terms of any effective resolution, and presents more problems and dilemmas than it seeks to solve.
 
Kim Stevenson


Gun Law
Edition: 1st
International Library of Criminology, Criminal Justice and Penology - Second Series
Format: Hardback
Authors: Edited by Rob Hornsby, and Dick Hobbs
ISBN: 978 0754625858
Publishers: Ashgate
Price: £140
Publication Date: July 2008
 
Publisher's Title Information

 
Gun Crime brings together a collection of texts drawn from a diverse range of disciplines which have contributed towards understanding the impact of gun crime within western societies. The book is divided into four interconnected sections which examine the use of firearms to commit offences. Part one explores the problems of youth, gang membership and guns in society. Part two examines the act of robbery where firearms are deployed by criminals in order to facilitate and commission robbery offences. Part three analyses the problem of violence and homicide associated with firearm offending. In the fourth and final part of the collection the texts focus on firearm injury trauma caused as a result of gun crime. The book provides insights for students and researchers, law enforcement agencies, community-based activists and policy-makers seeking to understand issues embedded within firearms offending and to develop initiatives to tackle gun crime.
 

Contents: Introduction; Part I Youth, Gangs and Guns: Gang-related gun violence: socialization, identity and self, Paul B. Stretesky and Mark R. Pogrebin; Gangs, gang homicides, and gang loyalty: organized crimes or disorganized criminals, Scott H. Decker and G.David Curry; The role of firearms in violence 'scripts': the dynamics of gun events among adolescent males, Deanna L. Wilkinson and Jeffrey Fagan; Gun crime: the market in and use of illegal firearms, Gavin Hales, Chris Lewis and Daniel Silverstone; Early onset offending and later violent and gun outcomes in a contemporary youth cohort, Cynthia Perez McCluskey, John D. McCluskey and Timothy S. Bynum; The association between weapon-carrying and the use of violence among adolescents living in or around public housing, Robert H. DuRant, Alan G. Getts, Chris Cadenhead and Elizabeth R. Woods; Examining the arsenal of juvenile gunslingers: trends and policy implications, Rick Ruddell and G. Larry Mays; 'Getting high and getting by': dimensions of drug selling behaviours among American Mexican gang members in South Texas, Avelardo Valdez and Stephen J. Sifaneck. Part II Robbery and Firearms: Stick-up, street culture, and offender motivation, Bruce A. Jacobs and Richard Wright; Up it up: gender and the accomplishment of street robbery, Jody Miller; Possession and use of illegal guns among offenders in England and Wales, Trevor Bennett and Katy Holloway; Generating compliance: the case of robbery, David F. Luckenbill; Armed and dangerous? the use of firearms in robbery, Ian O'Donnell and Shona Morrison; 'Stick 'em up, buddy': robbery, lifestyle, and specialization within a cohort of parolees, Shawn L. Schwaner; Robbery violence, Philip J. Cook. Part III Gun Crime, Violence and Homicide: Weapon use and violent crime: national crime victimization survey, 1993-2001, Craig Perkins; To kill or not to kill? Lethal outcomes in injurious attacks, Richard B. Felson and Steven F. Messner; Exploring the drugs-homicide connection, Sean P. Varano, John D. McCluskey, Justin W. Patchin and Timothy S. Bynum; Retaliatory homicide: concentrated disadvantage and neighborhood culture, Charis E. Kubrin and Ronald Weitzer; Social capital, income inequality and firearm violent crime, Bruce P. Kennedy, Ichiro Kawachi, Deborah Protherow-Stith, Kimberly Lochner and Vanita Gupta; National case-control study of homicide offending and gun ownership, Gary Kleck and Michael Hogan; The prevalence and nature of violent offending by females, Barbara A. Koons-Witt and Pamela J. Schram; Investigating the connections between race, illicit drug markets, and lethal violence, 1984-1997, Graham C. Ousey and Matthew R. Lee; Deadly demographics: population characteristics and forecasting homicide trends, James Alan Fox and Alex R. Piquero; Firearm use by offenders: survey of inmates in state and federal correctional facilities, Caroline Wolf Harlow. Part IV Stitching Up the Pieces: Firearm Injury Trauma from Criminal Offending: Firearm injury and death from crime, 1993-97, Marianne W. Zawitz and Kevin J. Strom; Children who are shot: a 30 year experience, Danielle Laraque, Barbara Barlow; Maureen Durkin, Joy Howell, Franklyn Cladis, David Friedman, Carla DiScala, Rao Ivatury and William Stahl; Assaultive violence in the community: psychological responses of adolescent victims and their parents, Kathy Sanders-Phillips; Gunshot injuries to the extremities: experience of a UK trauma centre, I.J. Persad, R. Srinivas Reddy, M.A. Saunders and J. Patel; Index.

 
About the Editors: Rob Hornsby is a Senior Lecturer in the Division of Sociology and Criminology at Northumbria University, UK. Dick Hobbs is Professor and Head of the Department of Sociology, London School of Economics and Political Science, UK.


Criminal Liability for Non-Aggressive Death
Edition: 1st
Format: Hardback
Author: Edited by CMV Clarkson and Sally Cunningham
ISBN: 978 0754673347
Publishers: Ashgate
Price: £55
Publication Date: 2008
 
Publisher's Title Information

 
The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for `non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.
 

Reviews to Date
 
'This is a timely volume, following as it does a recent flurry of reform proposals in the field of homicide. Its aim is to consider whether the ancient offence of manslaughter may be too blunt an instrument to address such a variety of killings as is highlighted in this volume or whether specific statutory offences offer a preferable solution. The editors should be congratulated for bringing together commentators of such distinction, of such breadth of opinion and approach. The discussion ranges from the philosophical to the political, to the doctrinal. Each chapter offers a challenging analysis of some aspect of the current law. It should be read by anyone who is interested in the state of criminal homicide and in the prospects for reform'.
David Ormerod, Queen Mary College, University of London.


Governing the Heroin Trade - From Treaties to Treatment
Edition: 1st
Format: Hardback
Author: Melissa Bull
ISBN: 978-0-7546-7121-3
Publishers: Ashgate
Price: £55
Publication Date: July 2008
Publisher's Title Information

 
Examining the historical, economic and political context for the current prohibition of particular drugs, this study investigates the problem of drug control and provides a systematic analysis of the development of the international system of regulation. It identifies the political rationalities that provided the basis of that system and positions these moral justifications for exercising power in relation to the practical programmes that put them into practice. The work not only catalogues the techniques and strategies employed in the process of governing illicit drugs, it also notes the failures, unintended consequences and other difficulties associated with getting such programmes to work. It will be of key interest to students and scholars of crime and criminology, law and society, medico-legal studies and health studies.
 

Contents: The problem of control; Regulating opium; Preserving the nation state; An ungoverned domain; Supply in demand; Security and freedom: rethinking drug control; References; Index.
 

The Author: Dr Melissa Bull is a Lecturer in the School of Criminology and Criminal Justice at Griffith University. She has been a long-term participant in drug policy debate. She has published scholarly articles on addiction, drug treatment, criminal justice policy and drug regulation.
 

Reviews to date:
'Governing the Heroin Trade sweeps through most of our common assumptions about how drugs have become a modern curse. In Melissa Bull's analysis, the shape of present concerns about heroin addiction appears somewhat strange, its truthfulness less certain. The value of a solid history of human sciences for understanding how we are governed is amply demonstrated here.'

David McCallum, Victoria University, Melbourne, Australia

Review
 

Melissa Bull deserves congratulations on producing a scholarly, well-researched and referenced work on an important topic. She catalogues the development of the multifaceted system of laws and international treaties that today attempts to control the cultivation, sale and consumption of opium and its derivatives, in particular heroin. In doing so she attempts to unpick the underlying drivers of such laws and treaties, and to question the impact each has had on the trade in this most important of illegal drugs.
 
The work consists of an introduction and five other chapters. The introduction looks at the historical use of opium and its derivatives prior to the advent of modern attempts to regulate such use, what she refers to as the “prohibitionists response” to the issue. She is careful to state that her work does not set out to explicitly support or condemn such a response but rather to make clear how and why each strand in the legislative framework surrounding heroin has been set in place, and to explore the results, both intended and unintended of such legislation.
 
Chapter two explores early attempts to place opium under a legal framework, exploring the “transformation from a situation of free availability and socially accepted uninhibited use to one of prohibition, and negative social and criminal sanctions.” The chapter details the birth of the gathering of social statistics and their use as a tool of government which, coinciding with a burgeoning concern with public health, led to the identification of opium use as having a negative impact on public well being. The author also draws attention to the naissant life insurance industry and its classification of opium use as an intemperate habit, adversely affecting insurance cover.
 
Chapter three examines the implications for nation states of the growing international opium trade during the first half of the nineteenth century. It describes attempts by the British East India Company to export Indian produced opium to China in order to pay for Chinese tea, and goes on to outline the 'Opium Wars' that resulted from the endeavours of the Chinese Emperor to resist such a trade. The chapter also explores the way in which international politics drove the actions of individual nation states, such as the USA, to become involved in the making of international treaties intended to place the opium trade firmly under their control.
 
Chapter four sets out the series of international treaties that have been enacted in an attempt to govern the opium trade and the way in which such treaties provided the basis for national drug control laws. In doing so the author draws attention to a number of unintended consequences that resulted from this international approach, in particular that of the creation of a number of transnational criminal organisations, some of which have become powerful enough to threaten the stability of some nation states.
 
Chapters five and six explore the issue of national attempts to control the demand for opium products such as heroin. In particular they focus on the use of methadone as a substitute for heroin in the treatment of addicted users. Taking Australia as a case study, it closely examines the way in which such a treatment system is administered and sets out the debates that surround it. In doing so it raises the contentious issue of the prescribing of pharmaceutical heroin rather than a substitute as a way of treating addicted users of street heroin.
 
This work is clearly intended for those interested or involved in the formulation of policy, both national and international, surrounding illegal drugs and has much to recommend it. It provides an authoritative genealogy of existing laws and treaties, whilst expertly exploring the drivers for them and setting out the consequences, both intended and unintended, arising from such legislation. My one criticism of this work is that whilst manifestly being aimed at an academic readership, the author on occasion uses overly academic language at the expense of clarity.
 
David Emmett


International Drug Control Into The 21st Century
Edition: 1st
Format: Hardback
Author: Hamid Ghodse
ISBN: 978 0754672159
Publishers: Ashgate
Price: £55
Publication Date: July 2008
Publisher's Title Information

 
Providing a comprehensive analysis of drug misuse, dependence and the ways in which different parts of the world have responded to these problems, this volume examines aspects of the contemporary drug problem, the related debate and the way in which society is responding to it.
 
Various controversial issues are covered, taking into account the way in which pressure groups would like to see changes in national and/or international drug control regimes. The book is drawn from extensive studies carried out by the UN over the last 15 years; each of the themes has been examined by a group of experts and lends itself to debate. Among the many topics discussed are: the legalization of drugs, prevention, treatment, rehabilitation, the macro and micro economy, supply and demand reduction and money laundering. The book will be a valuable resource for professionals and academics in law enforcement, health, social services, behavioural sciences, pharmacy and drug regulatory agencies.
 
Contents: Preface; Introduction; International drug control system; Legalization of internationally controlled drugs; Drugs and the importance of demand reduction; Evaluation of the effectiveness of the international drug control treaties; Money laundering; Drug abuse and criminal justice; Preventing drug abuse in an environment of illicit drug promotion; International control of drugs: past, present and future; Freedom from pain and suffering; Overconsumption of internationally controlled drugs; Globalization and new technologies: challenges to drug law enforcement in the 21st century; Illicit drugs and economic development; Drugs, crime and violence: the microlevel impact; Integration of supply and demand reduction strategies: moving beyond a balanced approach; Alternative development and legitimate livelihoods; Internationally controlled drugs and the unregulated market; Index.
 

About the Editor
 
Hamid Ghodse, CBE, MD, PhD, DSc, DPM, FFPH, FRCP, FRCPE, FRCPsych, is Professor of Psychiatry and International Drug Policy at the University of London. He has worked for more than 35 years in the field of addictions, advancing clinical and academic understanding and policy, and working towards national and international drug control. His contribution to various aspects of University, Royal Colleges, National Health Service and voluntary agencies has been exemplary, and for this he was awarded the CBE. He is editor of International Psychiatry, Honorary Editor-in-Chief of the Chinese Journal of Drug Dependence and editorial board member of Addiction, International Journal of Social Psychiatry and other journals. He is a member of the Expert Advisory Panel of WHO on Drug Abuse. He has been President of the International Narcotics Control Board, 1993-94, 1997-98, 2000-01 and 2004-2005.
 

Reviews to Date:
 
'A timely and topical book from one of the world's leading drug control experts. It traces the evolution of the international drug control regime, and measures that have been taken to contain supply, trafficking, and demand. It puts a strong focus on public health and public security, as well as the legal and development implications of drug control. Dr. Ghodse's book enriches the world's understanding of drugs, and should contribute to evidence-based policy to better control them.'
Antonio Maria Costa, Executive Director of the United Nations Office on Drugs and Crime
 
'The authoritative chapters presented in this book make it a "must read" for anyone seeking information about the international regulations for drug control in the 21st century. Hamid Ghodse has now made available to the general public his own expert knowledge and the reports previously only read by the selected few. Psychiatrists and health-care professionals around the world battling with co-morbidity will find it a most useful reference text.'
John Cox, Secretary General, World Psychiatric Association


Internet Child Pornography and the Law
National and International Responses
Edition: 1st
Format: Hardback
Author: Yaman Akdeniz
ISBN: 978-0-7546-2297-0
Publishers: Ashgate
Price: £60
Publication Date: May 2008
Publisher's Title Information

 
This book provides a critical assessment of the problem of Internet child pornography and its governance through legal and non-legal means, including a comparative assessment of laws in England and Wales, the United States of America and Canada in recognition that governments have a compelling interest to protect children from sexual abuse and exploitation. The Internet raises novel and complex challenges to existing regulatory regimes. Efforts towards legal harmonization at the European Union, Council of Europe, and United Nations level are examined in this context and the utility of additional and alternative methods of regulation explored. This book argues that effective implementation, enforcement and harmonization of laws could substantially help to reduce the availability and dissemination of child pornography on the Internet. At the same time, panic-led policies must be avoided if the wider problems of child sexual abuse and commercial sexual exploitation are to be meaningfully addressed.
 

Contents:
 
Introduction; Part 1 National Approaches: Legal approaches in England and Wales; Legal approaches in the United States of America; Legal approaches in Canada. Part 2 Supranational and International Approaches: European Union policy; Council of Europe policy; United Nations policy. Part 3 Internet Service Providers Liability and Self-Regulatory Approaches: Internet service providers' liability; Self-regulatory and co-regulatory initiatives; Conclusion; Index; Bibliography; Index.
 

About the Author: Yaman Akdeniz is Senior Lecturer in the Cyber Law Research Unit, Faculty of Law, University of Leeds, UK.
 

Reviews to date: 'In Internet Child Pornography and The Law, Yaman Akdeniz does an excellent job of applying responsible, thoughtful, scholarship to a subject often surrounded by misinformation. This is an important book for anyone interested in understanding how law and legal thinking must be reshaped to respond to globalization and new technologies.'
Philip Jenkins, Pennsylvania State University, USA
 
'Yaman Akdeniz's book is an important and timely contribution to this area of research. It brings a coherent perspective to an otherwise fragmented, and at times contradictory, arena and provides a balanced perspective on what has become an increasingly emotive topic. This will be an invaluable source of information to all whose work relates to child pornography and will help inform both practitioners and policy makers.'
Ethel Quayle, University College Cork, Ireland


Decisions to Imprison
Court Decision-Making Inside and Outside the Law
Series: Advances in Criminology
Edition: 1st
Format: Hardback
Author: Rasmus H. Wandall
ISBN: 978-0-7546-7157-2
Publishers: Ashgate
Price: £55
Publication Date: Feb 2008
Publisher's Title Information

 
Rasmus Wandall uses quantitative and qualitative methods from studies carried out in Denmark, to address the formal and informal norms and ideologies that are used to generate decisions to imprison. Focusing on the operations of the courtroom participants, his work investigates how court decision-making is organized to allow the sentencing procedure to be open to more than its formal legal framework, while at the same time keeping the sentencing within the boundaries of law and legal validity. The author uses the theory of law's operational closure, developed by Niklas Luhmann. The theory provides an advantageous point of departure to capture the close and subtle interactions between law's need for validity and for contextual openness in every legal operation - including court decision-making.
 

Contents
 
Introduction; Inside and outside the law; The legal framework of decisions to imprison; Decisions to imprison: a statistical point of view; Description of court and case-handling; Organizing courtroom communication; Decisions to imprison in the courtroom; Ideologies of imprisonment in the courtroom; Decisions to imprison inside and outside the law; Closing perspectives; Appendices; References; Index.

Reviews-to-date
 
'This book is a significant contribution to the international literature on sentencing. Not only does it break new ground as an empirical study of sentencing behaviour in Scandinavia, but it also draws upon Luhmann´s theoretical perspectives and places its insights within the framework of Anglo-American sentencing scholarship. The book contains a close analysis of the construction of sentencing decisions and a nuanced criminological assessment of the role of informal but nevertheless significant court practices - an assessment that carries through to the implications for offenders in lower socio-economic groups. I commend this book to all those interested in the theory and practice of sentencing.'
Andrew Ashworth, University of Oxford, UK
 
'In this timely and excellent study on sentencing, Rasmus Wandall joins a growing number of empirical researchers who are finding Luhmann's idea of closed social systems to be a fruitful and insightful way of making sense of the complexities of modern society. Rasmus Wandall is able to show how courts manage to legitimate imprisonment by reference to the law's own internally-produced criteria of lawfulness and practical reasoning. In doing so, they systematically block out the devastating effects of politically-inspired policies on the lives of the most vulnerable members of society.'
Michael King, University of Reading, UK
 

The Author
 
Rasmus H. Wandall is Assistant Research Professor in the Faculty of Law, University of Copenhagen, Denmark. He is also a Criminal Justice Research Fellow at New York University, School of Law.


Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews.



The Disruption of International Organised Crime

An Analysis of Legal and Non-Legal Strategies

Series: International and Comparative Criminal Justice

Edition: 1st

Format: Hardback

Author: Angela Veng Mei Leong

ISBN: 978-0-7546-7066-7

Publishers: Ashgate

Price: £55

Publication Date: Dec 2007

Publisher's Title Information


Analysing the structures of transnational organized crime, this book considers whether traditional mechanisms and national jurisdictions can tackle this increasing menace. Highlighting the strengths and weaknesses in the present methods of control, the book discusses the possibilities of developing more effective national and international strategies; the creation of non-legal mechanisms outside the traditional criminal justice system and the implications of 'disruption strategies'. The roles of law enforcement officers, tax investigators, financial intelligence officers, compliance officers, lawyers and accountants - in enforcing both civil and criminal sanctions on organized crime - are also considered.

Contents
Foreword, Barry AK Rider; Preface; Introduction; Organised crime: definition and theoretical analysis; Criminal finance: money laundering and terrorist financing; Traditional law enforcement response to organised crime; Traditional legal response to organised crime; Controlling organised crime: the traditional criminal justice system; Controlling organised crime: the new perspectives; Legal implications and efficacy of 'disruption strategies'; Conclusions and policy implications: the way forward; Bibliography; Index.

The Author
Dr Angela V M Leong, formerly a Researcher for the Treasury Select Committee, House of Commons and an Accredited Financial Investigator for the Assets Recovery Agency, is a frequent speaker on subjects relating to organised crime, money laundering, terrorist financing, economic and financial crime, civil recovery and confiscation legislation. She writes regularly for the Journal of Financial Crime, Journal of Money Laundering Control, The Company Lawyer and other publications. She is currently a Consultant to the European Commission AGIS Project on Organised Crime Infiltration and Insider Fraud. She is also an Associate Research Fellow at the Institute of Advanced Legal Studies, University of London; an Associate Fellow of the Centre for Criminology at the University of Hong Kong; an International Expert for the Hong Kong Civil Forfeiture Research Project funded by the Central Policy Unit of the Government of the Hong Kong Special Administrative Region; a Fellow and Adviser for the International Compliance Association; a Secretariat for the Cambridge International Symposium on Economic Crime at Jesus College, University of Cambridge, and a Member of the Institute of Professional Investigators.


From the Preface

The purpose and aim of this book is to examine whether the deviant structures of organised crime, which are capable of operating transnationally, can be dealt with through traditional mechanisms that work within national jurisdiction and to suggest a paradigm for effective national strategies in the context of international concern in combating serious organised crime. This book also provides a detailed and comparative study of the legal and administrative control mechanisms against organised crime and will further contribute to the current understanding of the subject.

In addition to the academic analysis, I am able to draw upon my experience as an accredited financial investigator for the Assets Recovery Agency and as a lawyer working on major corruption cases referred by the Government of China in illustrating and discussing relevant issues from a practitioner's point of view. Relevant legislation is discussed in the context of the broader institutional framework focusing on enforcement and policy issues. This book is an analysis of law and practice, and is aimed at researchers, law enforcement community, compliance officers, policy makers and regulators who have a concern with organised crime, money laundering and terrorist financing.

Collection of material for this book ceased in February 2007. Attempts have been made where possible to flag up potential future changes.

Dr Angela V M Leong 2 March 2007



Burglary

Edition: HB only

Author: Edited by R I Mawby

ISBN: 9780754625964

Publishers: Ashgate

Price: £125

Publication Date: Dec 2007

Publisher’s Title Information


Burglary is a high-volume crime that impacts upon the general public and, particularly, on those who are victimised. This selection of readings addresses both the nature of burglary and policies directed against it. Articles from Britain, the US and across the world, describe and explain the crime and why offenders choose to commit it and provide a critical overview of programmes that have been implemented to reduce burglary and its impact.

Contents

Introduction; Part I Burglary: Risk and Impact: Repeat victimisation: offender accounts, Julie Ashton, Imogen Brown, Barbara Senior and Ken Pease; Prospective hot-spotting: the future of crime mapping?, Kate J. Bowers, Shane D. Johnson and Ken Pease; Residential burglary in the United States: life-style and demographic factors associated with the probability of victimization, Lawrence E. Cohen and David Cantor; The rational and opportunistic burglar, Paul F. Cromwell, James N. Olsen and D'Aunn Wester Avary; The effect of criminal victimization on a household's moving decision, Laura Duggan; Ecological and behavioural influences on property victimization at home: implications for opportunity theory, James P. Lynch and David Cantor; The impact of burglary upon victims, Mike Maguire; The impact of burglary: a tale of 2 cities, R.I. Mawby and S. Walklate; Residential burglary in the Republic of Ireland: a situational perspective, C. Nee and M. Taylor; State differences in burglary victimisation in Australia: a research note, Timothy Phillips and John Walker; The time course of repeat burglary victimisation, Natalie Polvi, Terah Looman, Charlie Humphries and Ken Pease; Burglary revictimisation: the time period of heightened risk, Matthew B. Robinson; Burglary victimization, perceptions of crime risk and routine activities: a multilevel analysis across Seattle neighbourhoods and census tracts, Pamela Wilcox Rountree and Kenneth C. Land; Repeat burglary victimization: spatial and temporal patterns, Michael Townsley, Ross Homel and Janet Chaseling; Property crime victimisation: the roles of individual and area influences, Alan Trickett, Denise R. Osborn and Dan Ellingworth; Commercial burglars in the Netherlands: reasoning decision-makers?, Eric Wiersma; A snowball's chance in hell: doing fieldwork with active residential burglars, Richard Wright, Scott H. Decker, Allison K. Redfern and Dietrich L. Smith; How young house burglars choose their targets, Richard Wright and Robert H. Logie. Part II Policy Response: Small business crime; the evaluation of a crime prevention initiative, Kate J. Bowers; Critically reviewing the theory and practice of secured-by-design for residential new-build housing in Britain, P.M. Cozens, T. Pascoe and D. Hillier; Solving residential burglary, Timothy Coupe and Max Griffiths; Safer cities and domestic burglary, Paul Ekblom, Ho Law and Mike Sutton; Helping the victims, Martyn J. Gay, Christopher Holton and M.S. Thomas; Police response to crime: the perceptions of victims from 2 Polish cities, R.I. Mawby, Z. Ostrihanska and D. Wojcik; House burglaries and victims, D. Nation and J. Arnott; Private cops on the block: a review of the role of private security in residential communities, Lesley Noakes; The Kirkholt project: preventing burglary on a British public housing estate, Ken Pease; The theory and research behind Neighbourhood Watch: is it a sound fear and crime reduction strategy?, Dennis P. Rosenbaum; Name index.

The Author/Editor
Robert Mawby is Professor at the School of Sociology, Politics and Law, University of Plymouth, UK.


Review

Since this a book about burglary it makes sense to say what in this jurisdiction it is, how the law of England & Wales defines it.

Theft Act 1968, s. 9

(1)        A person is guilty of burglary if-

(a)        He enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or

(b)        Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

(2)        The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm, and of doing unlawful damage to the building or anything therein.

Section 9 creates two groups of offences: one of entering a building (or part of a building) as a trespasser with the requisite intent, contrary to s. 9(1)(a); the other of having entered a building (or part of a building) as a trespasser and committing a specified offence, contrary to s. 9(1)(b).  In each case there are now (by s. 9(4) as amended) two offences dependent upon whether the building is or is not a dwelling.

What you should expect to see on a charge sheet is as follows, 'on or about the . . . day of . . ., having entered a dwelling [or part of a dwelling, or a building or part of a building], namely . . ., as a trespasser, stole therein [or attempted to steal therein, or inflicted grievous bodily harm upon . . . therein]'

In the Introduction we are reminded that 'Burglary, is a common crime in most industrial societies - one that evokes anxiety among the public and, particularly, its victims.

Yet in spite of this the CPS Sentencing Manual gives the following guidelines and quotes R v McInerney R v Keating [2002] EWCA Crim 3003, Dwelling House Burglary - Use of threat of force is a high aggravating factor. First Time standard domestic burglary - starting point 18 months, Second Time starting point 3 years. Third Time - 4 ½ years (54 months).  The Court of Appeal has provided the following guidelines on the starting point for sentences after trial in cases of domestic burglary by adults, the application of which will be subject to all the circumstances of the particular case.

(1) For a low level domestic burglary committed by a first-time domestic burglar (and for some second-time domestic burglars) where there is no damage to property and no property (or only property of very low value) is stolen, the starting point should be a community sentence.

(2) For a domestic burglary in which a custodial sentence of up to 18 months would otherwise have been the starting point, the initial approach of the courts should be to impose a community sentence subject to conditions that ensure an effective punishment which offers action on the part of the Probation Service to tackle the offender's criminal behaviour and, when appropriate, will tackle the offender's underlying problems such as drug addiction.  The court should resort to a custodial sentence if, and only if, it is satisfied that the offender has demonstrated by his or her behaviour that community punishment is not practicable.  Where a custodial sentence is necessary, it should be no longer than necessary.  In the case of repeat offenders and aggravated offences, long sentences will still be necessary.

(3) In the case of a standard domestic burglary which additionally displays any one of the high-level aggravating features (ie the use or threat of force against the victim, injury to the victim, an especially traumatic effect on the victim in excess of the trauma generally associated with a standard burglary, professional planning, vandalism of the premises in excess of the damage generally associated with a standard burglary, the offence was racially aggravated and a vulnerable victim had been deliberately targeted), the starting point should be a custodial sentence of (i) 18 months if the offence has been committed by a first-time domestic burglar, (ii) 36 months if committed by a second-time domestic burglar and (iii) 54 months if committed by an offender with two or more previous convictions for domestic burglary.  The presence of more than one high-level aggravating feature may bring the sentence for an offence at that level significantly above the starting points.

Explaining the 'The offence The Court of Appeal said,'Domestic burglary is, and always has been, regarded as a very serious offence.  It may involve considerable loss to the victim. Even when it does not, the victim may lose possessions of particular value to him or her. To those who are insured, the receipt of financial compensation does not replace what is lost.  But many victims are uninsured: because they may have fewer possessions, they are the more seriously injured by the loss of those they do have.  The loss of material possessions is, however, only part (and often a minor part) of the reason why domestic burglary is a serious offence.  Most people, perfectly legitimately, attach importance to the privacy and security of their own homes.  That an intruder should break in or enter, for his own dishonest purposes, leaves the victim with a sense of violation and insecurity.  Even where the victim is unaware, at the time, that the burglar is in the house, it can be a frightening experience to learn that a burglary has taken place; and it is all the more frightening if the victim confronts or hears the burglar.  Generally speaking, it is more frightening if the victim is in the house when the burglary takes place, and if the intrusion takes place at night; but that does not mean that the offence is not serious if the victim returns to an empty house during the daytime to find that it has been burgled.  The seriousness of the offence can vary almost infinitely from case to case. It may involve an impulsive act involving an object of little value (reaching through a window to take a bottle of milk, or stealing a can of petrol from an outhouse). At the other end of the spectrum it may involve a professional, planned organisation, directed at objects of high value. Or the offence may be deliberately directed at the elderly, the disabled or the sick; and it may involve burglaries of the same premises.  It may sometimes be accompanied by acts of wanton vandalism.  The record of the offender is of more significance in the case of domestic burglary than in the case of some other crimes.  There are some professional burglars whose records show that from an early age they have behaved as predators preying on their fellow citizens, returning to their trade almost as soon as each prison sentence has been served.  Such defendants must continue to receive substantial terms of imprisonment. There are, however, other domestic burglars whose activities are of a different character, and whose careers may lack any element of persistence or deliberation. They are entitled to more lenient treatment.  It is common knowledge that many domestic burglars are drug addicts who burgle and steal in order to raise money to satisfy their craving for drugs.  This is often an expensive craving, and it is not uncommon to learn that addicts commit a burglary, or even several burglaries, each day, often preying on houses in less affluent areas of the country.  But to the victim of burglary the motivation of the burglar may well be of secondary interest.  Self-induced addition cannot be relied on as mitigation.  The courts will not be easily persuaded that an addicted offender is genuinely determined and able to conquer his addiction.  Generally speaking domestic burglaries are the more serious if they are of occupied houses at night; if they are the result of professional planning, organisation or execution; if they are targeted at the elderly, the disabled and the sick; if there are repeated visits to the same premises; if they are committed by persistent offenders; if they are accompanied by vandalism or any wanton injury to the victim; if they are shown to have a seriously traumatic effect on the victim; if the offender operates as one of a group; if goods of high value (whether actual or sentimental) are targeted or taken; if force is used or threatened; if there is a pattern of repeat offending.  It mitigates the seriousness of an offence if the offender pleads guilty, particularly if the plea is indicated at an early stage and there is hard evidence of genuine regret and remorse.'

That then is some of the law of England & Wales, however these 28 essays cover very many jurisdictions and since this book in part of the series of International library of Criminology, Criminal Justice and Penology you will as you should expect find it covers a very wide selection of readings which address both the nature of burglary and policies directed against it.  There are articles from Britain, the US and across the world.  The book should provide much valuable material for anyone researching this area.

For those wishing to keep their studies more focused on the Law of England and Wales another book by the same author might suffice, viz, 'Burglary' Published by Willan Publishing 2001 £16.99 paperback.  See http://www.rjerrard.co.uk/law/willan/willan2.htm#burglary

Rob Jerrard



LINKS