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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.
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.
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).
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).
Acknowledgments
Notes on Contributors
1ââCriminalization: An Introduction
ââChirag Balyan and Garima Pal
2âPolitics of Criminalization
ââSidharth Luthra and Shubhangni Jain
3âSpaces of Assessment and Incarceration
ââDavid McCallum
4âEvaluating Overcriminalization on the Basis of International Human Rights Law: The Example of Counterterrorism Legislation
ââEkkehard Strauss
5âCriminalization: Reflection on Theories
ââChirag Balyan
6âCriminalization and the Presumption of Innocence
ââSébastien Lafrance
7âDemocratic Erosion by Parochial Measures: A Study of Rising Criminalization of Free Speech in India
ââYogesh Pratap Singh
8âThe Jurisprudence of Constitutional Morality and the Pathologies of Criminalisation
ââShruti Bedi
9âDrug Laws â The Reality and Politics of Overcriminalization
ââAlok Prasanna Kumar and Naveed Mehmood
10âThe Concept of Overcriminalization in Russian Law
ââDaria V. Ponomareva
11âOvercriminalization by Containment withoutcovid : Inside Kenyaâs Refugee Camps
ââCharles A. Khamala
Index
Notes on Contributors
1ââCriminalization: An Introduction
ââChirag Balyan and Garima Pal
2âPolitics of Criminalization
ââSidharth Luthra and Shubhangni Jain
3âSpaces of Assessment and Incarceration
ââDavid McCallum
4âEvaluating Overcriminalization on the Basis of International Human Rights Law: The Example of Counterterrorism Legislation
ââEkkehard Strauss
5âCriminalization: Reflection on Theories
ââChirag Balyan
6âCriminalization and the Presumption of Innocence
ââSébastien Lafrance
7âDemocratic Erosion by Parochial Measures: A Study of Rising Criminalization of Free Speech in India
ââYogesh Pratap Singh
8âThe Jurisprudence of Constitutional Morality and the Pathologies of Criminalisation
ââShruti Bedi
9âDrug Laws â The Reality and Politics of Overcriminalization
ââAlok Prasanna Kumar and Naveed Mehmood
10âThe Concept of Overcriminalization in Russian Law
ââDaria V. Ponomareva
11âOvercriminalization by Containment without
ââCharles A. Khamala
Index
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