- Sourcebook on English Legal System (Sourcebook)
- Sourcebook on English legal system
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This book assists students of the English legal system in the achievement of a good understanding of the law, its institutions and processes and sets the law and system in a social context, presenting a range of critical views. Being proficient in this subject also means being familiar with contemporary changes and proposed changes, and this new edition has been comprehensively revised and updated to take these into account.
Since the last edition of this book, the changes to the English legal system have been major and manifold. This new 8th edition for includes important changes made to the law and legal system by the Constitutional Reform Act The edition also includes an updated version of the court system, the rules of civil procedure, developments in the legal profession, publicly funded law, and European law. He has published widely in academic journals and is a regular columnist for The Times Law Section.
Convert currency. Add to Basket. Book Description Cavendish Pub Ltd, Condition: New. Historically important decisions are also included where appropriate. Clear colour design enables readers to navigate quickly and easily through the various cases and materials. Companion Website www. Buy New Learn more about this copy. About AbeBooks. Customers who bought this item also bought. Stock Image. Published by Longman New Paperback Quantity Available: 1. Revaluation Books Exeter, United Kingdom.
All in all, these sub-categories turned out to be very problematic and mainly showed very low data availability rates see Aebi et al. Most of them will probably not be covered in future ESB editions and shall also not be covered here. But let us take a look at the remaining 21 offence categories and subcategories:. A definition that is clear, understandable and easy to follow should also lead to a higher conformity of data reported. However, due to differences in reporting rates, police and criminal justice efficiency, legal systems etc.
To give an example: For the total of criminal offences recorded on police level in , Albania shows the lowest rate of about cases per , population, while in Sweden the rate is about 13, Aebi et al. But one might hypothesize that there are certain rules that in principle govern the relation of criminal offences to each other in every system.
For example, grave offences leading to dire consequences will be less common than offences leading to medium damages, which will again be less common than petty offences. Therefore, homicide rates will be much lower than, for example, theft rates, and rates for rape or robbery will be in between.
Apart from that, there are certain offences which are more common than others, because they can be easily committed by everyone, while others need a more specialized offender in a special situation. Therefore, theft or major traffic offences will be much more common than, for example, corruption or money laundering. Of course, these relations are not identical in every system, e. But these differences will more or less be evened out if looking at a larger group of countries.
Variation in recorded crime levels per , population by offence categories Rates per , population may differ from rates presented in the printed version of the ESB, since they have been calculated by the author using updated population data retrieved on 17 March Source: crime data: raw data for Aebi et al.
A regression has been calculated for all three distributions, using the ordinary least squares method. The based on an f-test highly significant 9 regression coefficients are 0. A variation coefficient much higher than those usually found shows that a certain offence variable varies much more strongly across Europe than expected. This might be a sign for a problematic, equivocal definition.
Or the high variation might be understood to reflect larger than usual differences in the legal provisions or the practical importance of the respective offence across Europe. Therefore, an offence with an unusually high variation coefficient is not necessarily defined in a problematic way, but it might be.
Sourcebook on English Legal System (Sourcebook)
As can be seen in Fig. For major traffic offences, this will be due to the fact that the extent to which traffic offences are considered criminal varies significantly between countries.
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However, there will be a core of major traffic offences that are considered criminal everywhere in Europe. The ESB questionnaire aimed at collecting only these core criminal traffic offences, but the high variation still to be found in the data shows that the attempt was not very successful so far. Since the ESB questionnaire does not feature a standard definition on major traffic offences, the feasibility of introducing such a separate definition for the 5th edition questionnaire should be tested.
The high variation for computer offences is astonishing when taking into account that large parts of this area of crime have been subject to EU-harmonized definition. Therefore, it might be useful to change to a more focused standard definition. The variation coefficients for money laundering are also striking. It is noticeable that the high variation is mainly restricted to the police level, especially to the number of suspects, with a much lower, though still above average, variation for the convictions.
Money laundering might therefore in some countries be used as some kind of proxy offence for investigations, since it on the one hand provides a vague and wide definition of criminalized behaviour and on the other hand due to its theoretical connection with organized crime usually provides the police and prosecution service with special investigative powers, like telephone tapping etc. The money laundering charge might then afterwards be replaced by a charge for a usually more severe offence that is connected to the money laundering activity, explaining why variation on convictions level is much lower.
Countries showing high overall conformity rates can be found everywhere across Europe, with the highest rates to be found for the Republic of Ireland, Northern Ireland, Denmark, Croatia, Turkey and Georgia. If looking at the distribution of overall conformity and item conformity on convictions level, the geographical distribution is once again nearly the same cf.
One might theorize that offence definitions in the ESB are until so far mainly influenced by continental Western, Southern and Western Central European criminal law, leading to lower conformity rates in the other countries. This is a striking result that should be further investigated and, if the suspicion can be confirmed, should lead to an attempt to find more universal definitions. However, it has to be kept in mind that it is always necessary to make a compromise. But this is not a problem in itself.
The ESB definition system not only has the function to optimize conformity and thus comparability, it also has the function to make the remaining differences clearly visible and thus clarify the limits of comparability.
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Altogether, definitions in the ESB seem to be well-defined and thus show high conformity levels throughout Europe. This is true for both overall and item conformity, and equally applies to the police and convictions levels. The definitions that work best according to all checks executed here are robbery, theft total and drug offences total. There are, however, some definitions and items that pose bigger problems.
This is especially true for sexual assault, which showed problematic results in three areas: The offence turned out to have low overall and item conformity rates, with item conformity being lowest for crucial exclude rules which make differentiation from sexual harassment and sexual abuse of minors problematic. Apart from that data availability on police level was also quite low.
The only other offence showing clear problems in three areas was burglary, showing low item conformity rates and also low data availability both on police and, much more pronounced, on convictions level. The other subgroups of theft performed slightly better, but still showed serious problems: Motor vehicle theft showed problems with respect to item conformity 12 and especially to data availability on convictions level. For homicide, only the mean item conformity was quite low, mainly due to a comparatively low conformity with the rule to include assault leading to death; but the differences found do not have a large impact on the comparability of this offence.
Another offence with a low overall conformity rate was corruption. This offence also had quite low data availability rates on police level. Apart from the crimes already mentioned, data availability was also a problem for computer offences and money laundering.
Very high variation coefficients were also found for traffic offences, an offence group which had not yet been subject to separate definition in the ESB. On the other hand, low data availability was also found for aggravated drug trafficking. All of these results show problems connected with the respective offences and their definition.
This does, however, not necessarily mean that there exists a better definition than the one already in use. But it should be tried out for future editions whether improvements are still possible in the areas identified. Legal and statistical systems across Europe are, however, too diverse as to expect full conformity and full data availability for all offence types. Another important issue that was found out refers to the geographical distribution of conformity rates.
It turned out that countries showing the lowest conformity rate were usually located in Northern, Eastern or Eastern Central Europe, plus most parts of the UK. The reasons for this striking result should be thoroughly scrutinized. The potential to revise definitions in order to reach higher conformity rates in these parts of Europe, too, should be tested for future editions. Regarding the countries represented in the expert group, the experts from the group act as correspondents.
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From the 11th CTS on, data are validated to a much broader extent. Apart from that, cross-checking with CTS data showed that the include list for this definition is missing important items see above.
Skip to main content Skip to sections. Advertisement Hide. Download PDF. Open Access. First Online: 31 January Introduction Collecting comparable data on registered crime and on criminal justice across countries is a complex, almost impossible task Harrendorf : — As can clearly be seen from the table, there were many changes and additions in definitions of offences. Only for six offence groups, the definitions remained completely unchanged. In addition, for three offence groups there were only minor changes, probably not affecting the data reported.
Sourcebook on English Legal System - David Kelly, Gary Slapper - Google книги
On the other hand, four offence groups or subgroups were revised significantly and 14 have been newly introduced, six of these on police level only. Table 1 Changes in offence groups and sub-groups introduced with the 4th edition ESB. However, not all of the offence subgroups mentioned were addressed by separate definitions. While all offence groups were defined separately, the same is only true for a few of the subgroups, namely for aggravated bodily injury, motor vehicle theft, burglary and domestic burglary. The drug offence subgroups were also subject to some kind of definition, though not in the standardized way used everywhere else in the ESB cf.
All other subgroups for which data were collected were only separate items on include lists of definitions.
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Offence name Definition Include Exclude Total criminal offences In principle, all offences defined as criminal by the law should be included. Overall Conformity with Definitions on Police Level The quality of the definitions used is crucial for data comparability and validity. One indicator of quality might be the level of conformity with a standard definition that could be reached. The conformity is measured by the degree to which include and exclude rules could be followed.
Open image in new window. Table 3 Standard definitions met by country and criminal offence on police level Source: Aebi et al , p.
Total criminal offences Intentional homicide Bodily Injury assault Aggrav. We now turn to look at the conformity rates on the convictions level. For most offences, the results are quite similar to the results on police level, with only minor differences. Usually, conformity rates are a bit lower on convictions level. Since an offender can only be convicted for a certain offence as set down in the criminal code, conviction statistics are even more dependent on legal definitions of crimes than police statistics are, which often also reflect criminological concepts Aebi et al.
However, there are also a few offences for which conformity rates on convictions level are higher than on police level, namely for total offences, rape, aggravated bodily injury, sexual assault and corruption. Table 4 Standard definitions met by country and criminal offence on convictions level Source: Aebi et al , p. The following text also uses mean and median item conformity rates per offence and for all offences together. The scatterplot almost resembles a line and therefore confirms the assumption. The scatterplots for police-recorded suspects and for convictions, which are not reproduced here, look the same.
Correlation coefficients are 0. All correlations are therefore very strong and also highly significant, 8 based on a t-test. Therefore, it is safe to assume that this relation is not simply due to the trivial fact that of course there will always be a tendency towards a higher standard deviation for higher means. The correlations also remain strong if one removes the offence categories clearly interrelated with other categories, like criminal offences total and offence subgroups.
Table 6 Variation in recorded crime levels per , population by offence categories Rates per , population may differ from rates presented in the printed version of the ESB, since they have been calculated by the author using updated population data retrieved on 17 March All variation coefficients of the different offence types found for police-recorded offences and suspects and for convictions are very high, as can be seen in Fig. Finally, let us take a look at the individual country results.