Comparative Executive Clemency
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Comparative Executive Clemency
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Author : Andrew Novak
language : en
Publisher: Routledge
Release Date : 2015-08-20
Comparative Executive Clemency written by Andrew Novak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-20 with Law categories.
Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
Comparative Executive Clemency
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Author : Andrew Novak
language : en
Publisher: Routledge
Release Date : 2015-08-20
Comparative Executive Clemency written by Andrew Novak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-20 with Law categories.
Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
Executive Clemency
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Author : Daniel Pascoe
language : en
Publisher: Routledge
Release Date : 2020-07-30
Executive Clemency written by Daniel Pascoe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-30 with Law categories.
Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
The Right To Religious Freedom In International Law
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Author : Anat Scolnicov
language : en
Publisher: Routledge
Release Date : 2010-10-18
The Right To Religious Freedom In International Law written by Anat Scolnicov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-18 with Law categories.
This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.
Comparative Capital Punishment
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Author : Carol S. Steiker
language : en
Publisher: Edward Elgar Publishing
Release Date :
Comparative Capital Punishment written by Carol S. Steiker and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
Mass Pardons In America
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Author : Graham Dodds
language : en
Publisher: Columbia University Press
Release Date : 2021-08-10
Mass Pardons In America written by Graham Dodds and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-10 with Political Science categories.
Again and again in the nation’s history, presidents of the United States have faced the dramatic challenge of domestic insurrection and sought ways to reconcile with the rebels afterward. This book is the first comprehensive study of how presidential mass pardons have helped put such conflicts to rest. Graham G. Dodds examines when and why presidents have issued mass pardons and amnesties to deal with domestic rebellion and attempt to reunite the country. He analyzes how presidents have used both deeds and words—proclamations of mass pardons and persuasive rhetoric—in order to foster political reconciliation. The book features in-depth case studies of the key instances of mass pardons in U.S. history, beginning with George Washington’s and John Adams’s pardoning participants in armed insurrections in Pennsylvania in the 1790s. In the nineteenth century, James Buchanan, Benjamin Harrison, and Grover Cleveland issued pardons to Mormon insurrectionists and polygamists, and Abraham Lincoln and Andrew Johnson pardoned Confederates both during and after the Civil War. Most recently, Dodds considers Gerald Ford’s clemency and Jimmy Carter’s amnesty of Vietnam War resisters. Beyond exploring these events, Mass Pardons in America offers new perspectives on the president’s pardon power, unilateral presidential actions, and presidential rhetoric more broadly. Its implications span fields including political history, presidential studies, and legal history.
Corruption And Constitutionalism In Africa
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Author : Charles M. Fombad
language : en
Publisher: Oxford University Press
Release Date : 2020-03-12
Corruption And Constitutionalism In Africa written by Charles M. Fombad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-12 with Law categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is offered as a free PDF download from OUP and selected open access locations. This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.
A Wall Is Just A Wall
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Author : Reiko Hillyer
language : en
Publisher: Duke University Press
Release Date : 2024-01-05
A Wall Is Just A Wall written by Reiko Hillyer and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-05 with Social Science categories.
Throughout the twentieth century, even the harshest prison systems in the United States were rather porous. Incarcerated people were regularly released from prison for Christmas holidays; the wives of incarcerated men could visit for seventy-two hours relatively unsupervised; and governors routinely commuted the sentences of people convicted of murder. By the 1990s, these practices had become rarer as politicians and the media—in contrast to corrections officials—described the public as potential victims who required constant protection against the threat of violence. In A Wall Is Just a Wall Reiko Hillyer focuses on gubernatorial clemency, furlough, and conjugal visits to examine the origins and decline of practices that allowed incarcerated people to transcend prison boundaries. Illuminating prisoners’ lived experiences as they suffered, critiqued, survived, and resisted changing penal practices, she shows that the current impermeability of the prison is a recent, uneven, and contested phenomenon. By tracking the “thickening” of prison walls, Hillyer historicizes changing ideas of risk, the growing bipartisan acceptance of permanent exile and fixing the convicted at the moment of their crime as a form of punishment, and prisoners’ efforts to resist.
The Oxford Handbook Of The History Of Crime And Criminal Justice
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Author : Paul Knepper
language : en
Publisher: Oxford University Press
Release Date : 2016-04-15
The Oxford Handbook Of The History Of Crime And Criminal Justice written by Paul Knepper and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Social Science categories.
The historical study of crime has expanded in criminology during the past few decades, forming an active niche area in social history. Indeed, the history of crime is more relevant than ever as scholars seek to address contemporary issues in criminology and criminal justice. Thus, The Oxford Handbook of the History of Crime and Criminal Justice provides a systematic and comprehensive examination of recent developments across both fields. Chapters examine existing research, explain on-going debates and controversies, and point to new areas of interest, covering topics such as criminal law and courts, police and policing, and the rise of criminology as a field. This Handbook also analyzes some of the most pressing criminological issues of our time, including drug trafficking, terrorism, and the intersections of gender, race, and class in the context of crime and punishment. The definitive volume on the history of crime, The Oxford Handbook of the History of Crime and Criminal Justice is an invaluable resource for students and scholars of criminology, criminal justice, and legal history.