Comparative Criminal Procedure

History, Processes and Case Studies

Author: Raneta Lawson Mack

Publisher: N.A

ISBN: 9780837740331

Category: Criminal procedure

Page: 312

View: 2653

"The current globalization of informational access, criminal activity and terrorist interdiction highlights the criminal justice processes in countries around the world. In this emerging global community, comparative analysis of criminal justice is important for gaining an understanding of the complex values that define conceptions of justice across the globe. This book takes a holistic approach to comparative analyses by examining individual processes as a means to highlight differences among systems, while simultaneously exploring and illustrating the historical and procedural contexts that explain why those differences occur."--Résumé de l'éditeur.
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International and Comparative Criminal Justice

A critical introduction

Author: Mark J. Findlay

Publisher: Routledge

ISBN: 1136184155

Category: Social Science

Page: 352

View: 7553

International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.
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Legal Dissonance

The Interaction of Criminal Law and Customary Law in Papua New Guinea

Author: Shaun Larcom

Publisher: Berghahn Books

ISBN: 1782386491

Category: Social Science

Page: 188

View: 3329

Papua New Guinea's two most powerful legal orders - customary law and state law -undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.
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Plea Bargaining in National and International Law

Author: Regina Rauxloh

Publisher: Routledge

ISBN: 0415597862

Category: Law

Page: 285

View: 4574

Plea bargaining is one of the most important and most discussed issues in modern criminal procedure law. Based on historical and comparative legal research, the author has analysed the wide-spread use of plea bargaining in different criminal justice systems. The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. Drawing on her research findings, the author goes on to discuss the extent to which plea bargaining should be developed in the International Criminal Court in The Hague, as the question of this practise is set to be one of the seminal debates in the development of international criminal procedures in the new International Criminal Court. Plea Bargaining in National and International Law will be of particular interest to academics and students of international criminal law, criminal procedures and comparative law.
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Comparative Criminal Justice

Author: Francis Pakes

Publisher: Routledge

ISBN: 1351708260

Category: Social Science

Page: 276

View: 1521

This book offers a scholarly introduction to comparative criminal justice. It examines and reflects on the ways different countries and jurisdictions deal with the main stages in the criminal justice process, from policing, to systems of trial, to sentencing, and punishment. This popular bestseller has been fully updated and expanded for the fourth edition. This textbook provides the reader with: a comparative perspective on criminal justice and its main components a knowledge of methodology for comparative research and analysis a discussion of global trends such as the global drop in crime, the punitive turn, penal populism, privatization, international policing and international criminal tribunals an understanding of the emerging concepts in comparative criminal justice, such as security, surveillance, crimmigration and penal exceptionalism a global and historical consideration of the death penalty and international criminal justice increased attention to environmental crime, genocide and policy brutality. The new edition has been fully updated to keep abreast with this growing field of study and research, to include a broader coverage of judicial decision makers; a new chapter on the death penalty in comparative perspective; and further coverage of key topics such as global policing and electronic monitoring, and new insights into measuring and understanding crime and punishment globally. In this book, lists of further reading, study questions and boxed case studies help bring comparative criminal justice alive for students and instructors alike. This book is perfect reading for advanced undergraduates and postgraduates taking courses in comparative criminal justice and those who are engaged in the study of global responses to crime.
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Victims’ Rights in Flux: Criminal Justice Reform in Colombia

Author: Astrid Liliana Sánchez-Mejía

Publisher: Springer

ISBN: 331959852X

Category: Law

Page: 265

View: 1804

Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim’s rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims’ rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims’ rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court’s doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims’ rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model—which conceived the criminal process as a competition between prosecution and defense—served to limit victim participation. This study examines how conceptions of victims’ rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims’ rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims’ rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims’ rights in Colombia.
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Criminal Evidence and Human Rights

Reimagining Common Law Procedural Traditions

Author: Paul Roberts,Jill Hunter

Publisher: Bloomsbury Publishing

ISBN: 1847319467

Category: Law

Page: 450

View: 8523

Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
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The Place of the Explained Verdict in the English Criminal Justice System: Decision-making and Criminal Trials

Author: Bethel G. A. Erastus-Obilo

Publisher: Universal-Publishers

ISBN: 1599426897

Category:

Page: N.A

View: 1633

Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode
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Comparative Criminal Justice Systems

Author: Erika Fairchild,Harry R. Dammer

Publisher: Wadsworth Publishing Company

ISBN: N.A

Category: Law

Page: 412

View: 6733

Covers law enforcement functions and organizations, criminal procedures, courts and trials, sentencing, prison operations, and other criminal justice processes.
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Criminal Evidence

Author: Matthew Lippman

Publisher: SAGE Publications

ISBN: 1483359565

Category: Law

Page: 496

View: 2095

A concise and comprehensive introduction to the law of evidence, Criminal Evidence takes an active learning approach to help readers apply evidence law to real-life cases. Bestselling author Matthew Lippman, a professor of criminal law and criminal procedure for over 25 years, creates an engaging and accessible experience for students from a public policy perspective through a multitude of contemporary examples and factual case scenarios that illustrate the application of the law of evidence. Highlighting the theme of a balancing of interests in the law of evidence, readers are asked to apply a more critical examination of the use of evidence in the judicial system. The structure of the criminal justice system and coverage of the criminal investigative process is also introduced to readers.
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Comparative and International Criminal Justice Systems

Policing, Judiciary, and Corrections, Third Edition

Author: Obi N. I. Ebbe

Publisher: CRC Press

ISBN: 1466560347

Category: Law

Page: 324

View: 6629

Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, Third Edition examines the history, dynamics, structure, organization, and processes in the criminal justice systems in a number of selected countries. Designed for courses in comparative criminal justice systems, comparative criminology, and international criminal law, it explores systems in the United States, Ireland, Israel, Argentina, Sierra Leone, China, Russia, and Poland. A descriptive and quantitative analysis of criminal justice processes, this text goes beyond a mere analysis of individual systems. Instead, the book compares these criminal justice models with each other and contrasts them with: United Nations conventions World Courts of Justice International Court of Justice International Military Tribunal International Criminal Tribunal International Criminal Court Understanding these comparisons is crucial for a proper grasp of transnational crimes. The book shows how the national criminal justice systems and the United Nations judicial systems complement each other when adjudicating transnational crimes in the international community. It analyzes the nature of crime and criminal law, explores basic theories of crime, and discusses the various sources of international law. It also examines the inherent pitfalls in comparing international crime rates and discusses terrorism and its control. Unique to this edition is a thorough, unbiased study of the Islamic justice system. Each chapter focuses on a select region and includes crime data and arrest, prosecution, and conviction rates where appropriate. This allows readers looking for information on the criminal justice systems of any part of the world to easily find the relevant section. A sound approach to understanding the laws of various nations, and international, criminal, and humanitarian laws, this volume provides sage insight into the sociological explanations of criminal law and crime.
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China’s Death Penalty

History, Law and Contemporary Practices

Author: Hong Lu,Terance D. Miethe

Publisher: Routledge

ISBN: 1135914923

Category: Law

Page: 192

View: 3695

By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.
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Betrayal of Due Process

A Comparative Assessment of Plea Bargaining in the United States and Canada

Author: Hedieh Nasheri

Publisher: University Press of America

ISBN: 9780761811091

Category: Law

Page: 200

View: 1276

Betrayal of Due Process is a landmark study of the criminal justice systems of two common-law nations, the United States and Canada. By focusing on plea bargaining, which is one of the most dominant practices in the criminal justice system of both countries, Nasheri makes a historical comparison of guilty plea practices and ideologies. She draws on historical, criminological, sociological, and political perspectives to construct her argument. Because plea bargaining is a crucial part of the criminal justice system yet has received little scholarly attention, this much-needed book fills a wide gap in legal scholarship.
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Criminal Proceedings, Languages and the European Union

Linguistic and Legal Issues

Author: Francesca Ruggieri

Publisher: Springer Science & Business Media

ISBN: 3642371523

Category: Law

Page: 238

View: 9861

The book “Criminal proceedings, languages and the European Union: linguistic and legal issues” – the first attempt on this subject – deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V).
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Jenseits der Menschenrechte

Die Rechtsstellung des Individuums im Völkerrecht

Author: Anne Peters

Publisher: Mohr Siebeck

ISBN: 9783161527494

Category: Law

Page: 559

View: 9334

Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.
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Library Journal

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Libraries

Page: N.A

View: 6368

Includes, beginning Sept. 15, 1954 (and on the 15th of each month, Sept.-May) a special section: School library journal, ISSN 0000-0035, (called Junior libraries, 1954-May 1961). Also issued separately.
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Mirrors of Justice

Law and Power in the Post-Cold War Era

Author: Kamari Maxine Clarke,Mark Goodale

Publisher: Cambridge University Press

ISBN: 0521195373

Category: Law

Page: 344

View: 8980

Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literature on human rights, legal pluralism, and international law.
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Organized Crime

Analyzing Illegal Activities, Criminal Structures, and Extra-legal Governance

Author: Klaus von Lampe

Publisher: SAGE Publications

ISBN: 1483321266

Category: Social Science

Page: 488

View: 812

Organized Crime: Analyzing Illegal Activities, Criminal Structures, and Extra-legal Governance provides a systematic overview of the processes and structures commonly labeled “organized crime,” drawing on the pertinent empirical and theoretical literature primarily from North America, Europe, and Australia. The main emphasis is placed on a comprehensive classificatory scheme that highlights underlying patterns and dynamics, rather than particular historical manifestations of organized crime. Esteemed author Klaus von Lampe strategically breaks the book down into three key dimensions: (1) illegal activities, (2) patterns of interpersonal relations that are directly or indirectly supporting these illegal activities, and (3) overarching illegal power structures that regulate and control these illegal activities and also extend their influence into the legal spheres of society. Within this framework, numerous case studies and topical issues from a variety of countries illustrate meaningful application of the conceptual and theoretical discussion.
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The New Encyclopaedia Britannica

In 30 Volumes : Micropaedia : Ready Reference and Index. Hermoúp - Lally

Author: William Benton

Publisher: N.A

ISBN: 9780852294000

Category:

Page: 1002

View: 3251

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