The Metamorphosis of Criminal Justice: A Comparative Account, Hodgson Jacqueline S.
Автор: Vogler Название: A World View of Criminal Justice ISBN: 1138248940 ISBN-13(EAN): 9781138248946 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Нет в наличии.
Описание: Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence.
Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'.
This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.
Автор: Aboueldahab Noha Название: Transitional Justice and the Prosecution of Political Leader ISBN: 1509936408 ISBN-13(EAN): 9781509936403 Издательство: Bloomsbury Academic Рейтинг: Цена: 4592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice.
Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
Автор: Jesper Ryberg, Julian V Roberts Название: Sentencing the Self-Convicted: The Ethics of Pleading Guilty ISBN: 150995743X ISBN-13(EAN): 9781509957439 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen’s acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years.The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication?- Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders?- If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?
Автор: Gilles Favarel-Garrigues, Laurent Gayer Название: Proud to Punish: The Global Landscapes of Rough Justice ISBN: 1503637670 ISBN-13(EAN): 9781503637672 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3511.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
A magisterial comparative study, Proud to Punish recenters our understanding of modern punishment through a sweeping analysis of the global phenomenon of "rough justice": the use of force to settle accounts and enforce legal and moral norms outside the formal framework of the law. While taking many forms, including vigilantism, lynch mobs, people's courts, and death squads, all seekers of rough justice thrive on the deliberate blurring of lines between law enforcers and troublemakers. Digital networks have provided a profitable arena for vigilantes, who use social media to build a following and publicize their work, as they degrade the bodies of the accused for purposes of edification and entertainment. It is this unabashed pride to punish, and the new punitive celebrations that actualize, publicize, and commercialize it, that this book brings into focus. Recounted in lively prose, Proud to Punish is both a global map of rough justice today and an insight into the deeper nature of punishment as a social and political phenomenon.
Автор: Mark Pieth; Radha Ivory Название: Corporate Criminal Liability ISBN: 9400735936 ISBN-13(EAN): 9789400735934 Издательство: Springer Рейтинг: Цена: 25853.00 р. Наличие на складе: Нет в наличии.
Описание: It considers whether municipal CCL laws are converging around the notion of `corporate culture`, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Identity, Reconciliation and Transitional Justice: Overcoming Intractability analyses how the mechanisms of transitional justice have a part to play in promoting reconciliation and sustainable peace in transitional societies: helping social groups deeply divided by past violence to overcome existing antagonisms and to build more positive relationships with one another. Whilst there is an emerging consensus that a causal link does exist between transitional justice, reconciliation, and sustainable peace, to date the actual processes underlying this relationship have been left undertheorized and largely unspecified. This theoretical gap is attributable, at least in part, to the very limited dialogue between transitional justice scholars and the growing number of conflict transformation theorists from the related disciplines of political science, conflict resolution, and social psychology. In particular, recent conflict transformation work highlights the central role that group or 'collective' identities play in the commission and perpetuation of ethnonational violence, and suggests the need to transform these identities and their antagonistic relationships in order to advance societal reconciliation and sustainable peace. Drawing upon an interdisciplinary synthesis of transitional justice and conflict transformation literatures, and addressing the different interventions adopted in the deeply divided societies of South Africa and Northern Ireland, this book outlines an innovative framework that traces the complex linkages between identity, transitional justice, and intergroup reconciliation in deeply divided post-conflict environments. It will be of considerable interest to those working in the area of transitional justice.
Автор: Roberson, Cliff Das, Dilip K. Название: Introduction to comparative legal models of criminal justice ISBN: 1420065920 ISBN-13(EAN): 9781420065923 Издательство: Taylor&Francis Рейтинг: Цена: 10258.00 р. Наличие на складе: Нет в наличии.
Описание: Examining different types of criminal justice systems and the legal models that shape them, this work uses examples to highlight five basic legal foundation models: continental, common law, Islamic, Marxist, and mixed. It explains how these legal models dictate the roles of the police, courts, and corrections systems in various countries.
Автор: Sarat Название: Is the Death Penalty Dying? ISBN: 110763427X ISBN-13(EAN): 9781107634275 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an analysis of the historical and political conditions that shaped death penalty practice from the end of World War II to the present. It assesses what the United States can learn from the European experience with capital punishment, especially the trajectory of abolition in different European nations.
Описание: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid. Subject: Criminal Law, Public Law, Asylum Law, Refugee Law, Human Rights, Comparative Law]
Описание: This volume addresses from a cross-disciplinary perspective the multifarious relationship between globalisation, on the one hand, and criminal law and justice, on the other hand.
Автор: Scott, Katreena Название: Migration policing ISBN: 147243501X ISBN-13(EAN): 9781472435019 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the framework in which migration control operates as policing. It empirically examines migration as policing in five Australian migration control contexts, then concludes by exploring the potential for conceptualising migration policing beyond the bounded national framework.
Автор: Astrid Liliana S?nchez-Mej?a Название: Victims` Rights in Flux: Criminal Justice Reform in Colombia ISBN: 3319598511 ISBN-13(EAN): 9783319598512 Издательство: Springer Рейтинг: Цена: 19564.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
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