European Perspectives On Pre Trial Detention


European Perspectives On Pre Trial Detention
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European Perspectives On Pre Trial Detention


European Perspectives On Pre Trial Detention
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Author : Christine Morgenstern
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-15

European Perspectives On Pre Trial Detention written by Christine Morgenstern and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-15 with Law categories.


High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.



Imprisonment


Imprisonment
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Author : John Muncie
language : en
Publisher:
Release Date : 1991

Imprisonment written by John Muncie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Imprisonment categories.




Pre Trial Detention In The European Union


Pre Trial Detention In The European Union
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Author : A. M. van Kalmthout
language : en
Publisher:
Release Date : 2009

Pre Trial Detention In The European Union written by A. M. van Kalmthout and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Detention of persons categories.




Pre Trial Detention In The Netherlands


Pre Trial Detention In The Netherlands
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Author : J. H. Crijns
language : en
Publisher:
Release Date : 2016

Pre Trial Detention In The Netherlands written by J. H. Crijns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Detention of persons categories.


The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]



Preventive Detention


Preventive Detention
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Author : Stanislaw J. Frankowski
language : en
Publisher: BRILL
Release Date : 2022-05-09

Preventive Detention written by Stanislaw J. Frankowski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-09 with Law categories.


Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.



Offender Supervision In Europe


Offender Supervision In Europe
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Author : F. McNeill
language : en
Publisher: Springer
Release Date : 2013-11-26

Offender Supervision In Europe written by F. McNeill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Social Science categories.


Offender supervision in Europe has developed rapidly in scale, distribution and intensity in recent years. However, the emergence of mass supervision in the community has largely escaped the attention of legal scholars and social scientists more concerned with the mass incarceration reflected in prison growth. As well as representing an important analytical lacuna for penology in general and comparative criminal justice in particular, the neglect of supervision means that research has not delivered the knowledge that is urgently required to engage with political, policy and practice communities grappling with delivering justice efficiently and effectively in fiscally straitened times, and with the challenges of communicating the meaning, legitimacy and utility of supervision to an insecure public. This book reports the findings from a survey of European research on this topic, undertaken during the first year of a European research network that spans twenty countries. As such, it provides the first comprehensive review of research on offender supervision in Europe, opening up an important new field of enquiry for comparative social science, and offering the prospects of better informed democratic deliberation about key challenges facing contemporary justice systems, policymakers and practitioners, and the societies they seek to serve.



Pre Trial Detention In 20th And 21st Century Common Law And Civil Law Systems


Pre Trial Detention In 20th And 21st Century Common Law And Civil Law Systems
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Author : Marion Charret-Del Bove
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-06-19

Pre Trial Detention In 20th And 21st Century Common Law And Civil Law Systems written by Marion Charret-Del Bove and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-19 with Law categories.


Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.



Human Rights And Pre Trial Detention


Human Rights And Pre Trial Detention
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Author : United Nations Centre for Human Rights
language : en
Publisher: New York and Geneva : United Nations
Release Date : 1994

Human Rights And Pre Trial Detention written by United Nations Centre for Human Rights and has been published by New York and Geneva : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.




Mutual Recognition Of Judicial Decisions In European Criminal Law


Mutual Recognition Of Judicial Decisions In European Criminal Law
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Author : Libor Klimek
language : en
Publisher: Springer
Release Date : 2016-12-09

Mutual Recognition Of Judicial Decisions In European Criminal Law written by Libor Klimek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-09 with Law categories.


This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.



Perspectives On Punishment


Perspectives On Punishment
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Author : Sarah Armstrong
language : en
Publisher: Oxford University Press, USA
Release Date : 2006

Perspectives On Punishment written by Sarah Armstrong and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Criminal justice, Administration of categories.


ERRATUM The sentence on p. 153, lines 5-7 should read "...if welfare expenditure had not risen but remained at its 1987 level, the rise in imprisonment would have been 20 per cent greater than actually occurred, i.e. from 75 in 1987 to 99 in 1998." No other part of the book is affected by thiscorrection.