Discretionary Criminal Justice In A Comparative Context
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Discretionary Criminal Justice In A Comparative Context
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Author : Michele Caianiello
language : en
Publisher:
Release Date : 2015
Discretionary Criminal Justice In A Comparative Context written by Michele Caianiello and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Judicial discretion categories.
This volume brings together a broad range of scholars working within a variety of procedural traditions in Europe, North America and China. The first section contains three papers that address the use of discretion during the investigation and prosecution stage of criminal proceedings; the second section deals with negotiated justice and various types of plea agreements in Spain, China and Italy. In the third section, different approaches to the exclusion of evidence are discussed, relating to Switzerland, Germany and a potential EU approach. The fourth section discusses discretion in relation to the death penalty in the US. At the heart of these issues is the problem of reconciling prosecutorial and judicial discretion with the principle of legality. The need to avoid arbitrary decisions is key, but the authors come to differing conclusions as to the impact and value of judicial discretion at different stages of the process and in different jurisdictions. Discretion is the theme of the collection, and the writers of this collection believe it can be characterized in positive terms, as it ensures that justice is tailored to the individual and to the facts of the case, rather than being applied mechanically. However, without a clear legal framework, it risks allowing arbitrary decisions based on bias or other legally irrelevant factors. All of the papers collected in the book teach us something about the way that discretion plays out in different systems and how it is understood and adapted within existing legal norms and cultures.
Transforming International Criminal Justice
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Author : Mark J. Findlay
language : en
Publisher: Taylor & Francis
Release Date : 2005-06
Transforming International Criminal Justice written by Mark J. Findlay and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06 with Social Science categories.
This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities
Contrasting Criminal Justice
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Author : David Nelken
language : en
Publisher: Ashgate Publishing
Release Date : 2000
Contrasting Criminal Justice written by David Nelken and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
This innovative text tackles a variety of issues raised by comparative research into criminal justice in other cultures. It offers penetrating and sometimes disturbing reflections on international differences in processes of trial and punishment.
Comparative Criminal Justice
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Author : David Nelken
language : en
Publisher: SAGE
Release Date : 2010-04-22
Comparative Criminal Justice written by David Nelken and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-22 with Social Science categories.
David Nelken is the 2013 laureate of the Association for Law and Society International Prize The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field. The author looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Drawing on experience of teaching and research in a variety of countries, the author offers multiple illustrations of striking differences in the roles of criminal justice actors and ways of handling crime problems. The book includes in-depth discussions of such key issues as how we can learn from other jurisdictions, compare 'like with like', and balance explanation with understanding – for example, in making sense of national differences in prison rates. Careful attention is given to the question of how far globalisation challenges traditional ways of comparing units. The book also offers a number of helpful tips on methodology, showing why method and substance cannot and should not be separated when it comes to understanding other people's systems of justice. Students and academics in criminology and criminal justice will find this book an invaluable resource. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.
Punishment And Process In International Criminal Trials
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Author : Ralph Henham
language : en
Publisher: Routledge
Release Date : 2017-03-02
Punishment And Process In International Criminal Trials written by Ralph Henham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Social Science categories.
International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.
Comparative Criminal Procedure
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Author : Raneta Lawson Mack
language : en
Publisher:
Release Date : 2017
Comparative Criminal Procedure written by Raneta Lawson Mack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
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.--Publisher.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Abbreviated Criminal Procedures For Core International Crimes
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2017-04-29
Abbreviated Criminal Procedures For Core International Crimes written by Morten Bergsmo and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-29 with Law categories.
This monograph -- written by an historian and Norwegian diplomat -- considers the past Westphalian Paradigm and present Popular Sovereign Paradigm of the international order, and discusses possible elements of a new paradigm for a global order suitable to address contemporary problems that transcend national borders.
Comparative Criminal Justice Systems
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Author : Philip L. Reichel
language : en
Publisher:
Release Date : 2002
Comparative Criminal Justice Systems written by Philip L. Reichel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
For junior/senior-level courses in Comparative (or International) Criminal Justice Systems, Comparative Criminology, and Comparative Government. Unique in approach, this is the only comparative criminal justice text that follows a natural progression from law, police, courts, to corrections, and that explores these topics, individually, by using over 30 different countries to show the different ways policing, adjudication, and corrections can be carried out.
Do Exclusionary Rules Ensure A Fair Trial
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Author : Sabine Gless
language : en
Publisher: Springer
Release Date : 2019-04-17
Do Exclusionary Rules Ensure A Fair Trial written by Sabine Gless and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-17 with Law categories.
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.