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It is commonly claimed that the entrapment defense has never succeeded in a terrorism case. Yet that is not precisely true. In several post-9/11 cases, entrapment claims have contributed to full or partial acquittals, hung juries, and unexpectedly lenient sentences. Prosecutors have also dropped charges, setting convicted defendants free, to prevent successful entrapment defenses upon retrial. This chapter concludes that, despite the fragility and ambiguity of the right not to be entrapped, entrapment claims can achieve partial victories even in terrorism cases, due to the multiple discretion points at which entrapment can inform strategic or normative judgments.

The status of government’s legal adviser in Israel is complicated and controversial. This status deeply impacts discretion and independence, especially in the role of combating corruption. This article aims to review the status, power and independence of the government’s legal adviser and his/her interaction with other legal institutions dealing with corruption cases.

The author argues that the period of the 1980s, in Israel, was characterized by prosecution’s activism because of the dramatically increased number of corruption-related cases.

Prominent government legal advisers formulated approaches to the struggle against political corruption in Israel; upon becoming justices of the supreme court, they successfully transited their prosecution mindset to judicial activism (and not only for corruption-related cases).

This article discovers a linkage between prosecution and judicial positions, not under the Israeli legislation but based on personal willingness to combat corruption.

This chapter examines the rights of those who have their photograph taken for use by non-profit organisations (such as non-governmental organisations, charities, and academic institutions) and the obligations of those producing and using these images to not abuse those rights. The chapter focusses on informed consent as the key intersection of these rights and obligations. It examines the specifics of what is meant by ‘informed consent’ and the importance of the process of it being requested and given. The argument presented suggests, rather than seeing this process as a legal, one-off contract, that it should be seen as a relationship that may evolve over time and, to a degree, attempts to establish a more equitable relationship between those who produce and publish images and those who appear in them. It is suggested that this process can play a role in addressing a number of ethical issues, including the safety of the individual being photographed and how vulnerable populations are represented visually.

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence of NGO strategic litigation? The author argues that a change in the legal opportunity structure impacts how activists interact with the legal system. Comparing two states in Mexico, the author demonstrates that the introduction of private prosecution rights opened the door for activists to litigate femicide cases. The emergence of strategic litigation has helped improve compliance with international human rights law and has had a demonstration effect on how to use the law to press for accountability.

The purpose of this paper is to examine the way in which the courts in the UK have interpreted the meaning of criminal property in the principal money laundering offenses under the Proceeds of Crime Act 2002 (POCA).

This paper employs a doctrinal legal analysis and secondary data, which analyze the primary source, which is POCA itself, and secondary sources including case law, articles in academic journals, books and online databases.

The authors contend that the courts in the UK have been dynamically interpreting the ambit of money laundering offenses in POCA and that despite such judicial activism in the construction of criminal property, it has provided a much needed certainty to the law.

This paper could be a useful source of information for the practitioners, academicians, policymakers and students in this particular area of crime.

Following victimisation of many types, knowing one is not alone in their experience, or the reactions to that experience, has been identified as comforting and supportive of recovery in survivors of violence and abuse. Information is often provided by support groups, professionals, or victim/survivor organisations, which still fill a significant gap in the criminal justice system, which offers insufficient support to victims of crime. However, as many victims do not engage with support services or the criminal justice system, they may be at risk of not receiving such crucial support. The rising popularity of so called ‘hashtag activism’ has however provided victims and survivors with a worldwide platform to share experiences, reactions, information, support, and solidarity. This chapter explores the impact of key hashtags, such as #metoo and #BlackLivesMatter, via a critical evaluation of outcomes, including policy, cultural, and legislative impact, to unpick their successes and failures, with a focus on support and community-building, marginalisation and performative allyship.

Trials provide social movements with a public arena that can advance social movement goals. The adversarial structure of a trial gives social movements an opportunity to articulate their grievances and to subject their opponents to cross-examination. The drama associated with trials often attracts media attention, thus creating a broad audience for the movement's message. Moreover, trials can sometimes provide opportunities for collective experiences, bringing together activists, lawyers, experts, and other actors whose combined efforts can both strengthen the movement and promote its goals.

Purpose – To assess how well varied policy initiatives address rape survivors’ difficulties participating in criminal prosecution.

Method – The evaluation takes a victim-centered perspective, rejecting the assumption that retraumatization is a necessary or inevitable by-product of prosecution. It accepts decision-making powers granted to law enforcement and prosecution practitioners to “found,” charge, prosecute, and plead cases, but questions the means adopted to achieve immediate goals. The evaluation considers legislative, procedural, and extra-criminal proposals such as restorative justice (RJ) conferencing and prosecutorial behavior modification. The evaluation draws on empirical investigations of case attrition, law enforcement, and prosecutorial decision-making, interorganizational collaboration in case processing, RJ, and survivors’ experiences with criminal prosecution.

Findings – Many of rape survivors’ difficulties with criminal prosecution stem from legal actors’ lack of knowledge about survivors’ purposes for participation and strategies to maintain ownership of a conflict that has been appropriated by prosecution, the conflicts survivors’ preexisting social relations pose, how lack of information about and experience with courtroom roles and norms produces anxiety and defensive behavioral strategies, and how survivors interpret and experience inconsistent messages about their role in and power over prosecution. The criminal justice process can directly reduce the causes of retraumatization and achieve procedural justice in ways that have positive implications for better substantive outcomes.

Practical implications – Instituting practices accommodating users’ behavioral orientations should increase the perception that reporting and prosecuting are viable options. Following Taslitz (1999), improving the effectiveness of rape survivors’ communication will increase gender equity generally.

Immigration enforcement along the Southwest border between United States and Mexico has long channeled migrants into perilous desert corridors, where many thousands have died, out of general public view. In response to this humanitarian crisis, activists from organizations such as No More Deaths (NMD) trek deep into the treacherous desert, hoping to save lives, honor the remains of those who did not survive, and influence public opinion about border enforcement policies. NMD’s activism is not merely utilitarian but also deeply expressive; ultimately, they hope to convey the message that all lives – including those of unauthorized migrants – are worth saving. The Trump Administration has escalated repressive tactics intended to silence these forms of border-policy dissent. Some federal land managers now blacklist NMD, preemptively denying requests for access permits. Meanwhile, the US Attorney’s office has aggressively prosecuted members for humanitarian activities. This chapter explains the expressive components of humanitarian activism in this context and of the government’s attempt to suppress it, suggesting the need for constitutional scrutiny and legal change.