Overview

Criminalization: Politics and Policies provides a thorough analysis of the relationship between politics, policies, and criminalization. Through diverse perspectives and scholarly essays, it explores the multifaceted issues in criminal justice, law, and governance. The book scrutinizes the impact of law, society, politics, and penal populism on criminalization across legal systems, advocating for a reassessment of criminal law's scope. It delves into the prevalence of resorting to criminalization for social issues, urging for a critical review. Additionally, it examines the normative foundations of criminalization, addressing 'over'-criminalization and exploring its empirical and normative aspects. The anthology also considers the roles of prosecutorial and judicial discretion, as well as State preventive powers, in over-criminalization. Whether a scholar, policymaker, or citizen, readers gain insights into the expansion of criminal laws and their consequences, making it a valuable resource for understanding the dynamics of law, politics, and power in criminal justice. Contributors are Naveed Mehmood, Chirag Balyan, Shruti Bedi, Shubhangni Jain, Charles Khamala, Sébastien Lafrance, Sidharth Luthra, David McCallum, Garima Pal, Daria Ponomareva, Alok Prasanna, Yogesh Pratap Singh, and Ekkehard Strauss.

Full Product Details

Author:   Chirag Balyan ,  Garima Pal
Publisher:   Brill
Imprint:   Brill
Volume:   293
Dimensions:   Width: 15.50cm , Height: 2.00cm , Length: 23.50cm
Weight:   0.528kg
ISBN:  

9789004707849

ISBN 10:   9004707840
Pages:   240
Publication Date:   05 December 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Acknowledgments Notes on Contributors 1  Criminalization: An Introduction   Chirag Balyan and Garima Pal 2 Politics of Criminalization   Sidharth Luthra and Shubhangni Jain 3 Spaces of Assessment and Incarceration   David McCallum 4 Evaluating Overcriminalization on the Basis of International Human Rights Law: The Example of Counterterrorism Legislation   Ekkehard Strauss 5 Criminalization: Reflection on Theories   Chirag Balyan 6 Criminalization and the Presumption of Innocence   Sébastien Lafrance 7 Democratic Erosion by Parochial Measures: A Study of Rising Criminalization of Free Speech in India   Yogesh Pratap Singh 8 The Jurisprudence of Constitutional Morality and the Pathologies of Criminalisation   Shruti Bedi 9 Drug Laws – The Reality and Politics of Overcriminalization   Alok Prasanna Kumar and Naveed Mehmood 10 The Concept of Overcriminalization in Russian Law   Daria V. Ponomareva 11 Overcriminalization by Containment without covid: Inside Kenya’s Refugee Camps   Charles A. Khamala Index

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Author Information

Chirag Balyan is an Assistant Professor of Law at Maharashtra National Law University Mumbai. He was instrumental in setting up the Centre for Research in Criminal Justice at MNLU Mumbai. He has published in leading journals and co-edited a book titled: Revisiting Reforms in the Criminal Justice System in India (Thomson Reuters, 2020). Garima Pal is an Assistant Professor at Maharashtra National Law University Mumbai. She is Managing Editor of the Journal Victimology and Victim Justice published by Sage. She is also an Executive Director of Care Village Foundation, Delhi (Non-Profit Organization). She has published numerous papers and book chapters in leading journals. She has co-authored book Hate Crime in India (Springer, 2023).

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