The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.

This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.

This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.

Drawing upon law, politics, sociology, and gender studies, this volume explores the ways in which the Muslim body is stereotyped, interrogated, appropriated and demonized in Western societies and subject to counter-terror legislation and the suspension of human rights. The author examines the intense scrutiny of Muslim women’s dress and appearance, and their experience of hate crimes, as well as how Muslim men’s bodies are emasculated, effeminized and subjected to torture. Chapters explore a range of issues including Western legislation and foreign policy against the ‘Other’, orientalism, Islamophobia, masculinity, the intersection of gender with nationalism and questions about diversity, inclusion, religious freedom, citizenship and identity. This text will be of interest to scholars and students across a range of disciplines, including sociology, gender studies, law, politics, cultural studies, international relations, and human rights.

The Manitoba Law Journal (MLJ) is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high calibre commentary on legal events in Manitoba or events of special interest to our community.The MLJ aims to bring diverse and multidisciplinary perspectives to the issues it studies, drawing on authors from Manitoba, Canada and beyond. Its studies are intended to contribute to understanding and reform not only in our community, but around the world. As part of our commitment to you, our team is pleased to announce the release of Canada’s premier publication on “Project Osage,” an inter-agency security operation that executed the largest terrorism-related sting in Canadian history. Canadian Terror: Multi-Disciplinary Perspectives on the Toronto 18 Terrorism Trials engages a multidisciplinary perspective that unites criminological, legal, and security analyses to consider the processes, as well as the shortcomings, involved in investigating and prosecuting terrorism in Canada. We are honoured that Canadian Terror is edited and co-authored by prominent Canadian academics

In May 1928, the body of George Edey was discovered on his Saskatchewan farm, leading to the swift arrest of a deaf and mentally disabled farmhand named Mike Hack. Following a three-day murder trial, Hack was quickly convicted and sentenced to death. Denied clemency, in January 1929 he was hanged in the courtyard of the Regina Jail at twenty-seven years of age and buried in an unmarked grave. Prairie Justice dissects this case, revealing its implications for important themes in the history of the Canadian criminal justice system. Wayne Sumner meticulously traces the narrative of the case, analysing each step from the initial murder investigation to the subsequent arrest, trial, conviction, denial of clemency, and execution of the man accused. Drawing on a personal connection to the case rooted in his family history – his father’s hometown was the village where the crime occurred, and both his grandfather and great-grandfather were involved in the investigation – Sumner uncovers deeper and more universal reasons to share the story. The book punctuates the narrative with insightful analysis on key criminal justice themes illustrated by the case: unfitness to stand trial, the defence of insanity, ineffective assistance of counsel, wrongful conviction, and miscarriage of justice. Ultimately, Prairie Justice exposes how access to justice can be merely illusory for the poor and marginalized.

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises.

In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the ‘four Ps’ of the official CONTEST counterterrorist strategy – Protect, Prepare, Prevent, and Pursue – it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.