Full Description
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.
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
