The Enforcement Of Fines As Criminal Sanctions
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The Enforcement Of Fines As Criminal Sanctions
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Author : Silvia S. G. Casale
language : en
Publisher:
Release Date : 1987
The Enforcement Of Fines As Criminal Sanctions written by Silvia S. G. Casale and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Fines (Penalties) categories.
Fines As Criminal Sanctions
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Author :
language : en
Publisher:
Release Date : 1987
Fines As Criminal Sanctions written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with categories.
Fines In Sentencing
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Author : Sally T. Hillsman
language : en
Publisher:
Release Date : 1984
Fines In Sentencing written by Sally T. Hillsman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Criminal justice, Administration of categories.
Day Fines In Europe
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Author : Elena Kantorowicz-Reznichenko
language : en
Publisher: Cambridge University Press
Release Date : 2021-07
Day Fines In Europe written by Elena Kantorowicz-Reznichenko 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 2021-07 with Law categories.
"With the cooperation of Marianne Breijer, Erasmus University Rotterdam."
Fines In Sentencing
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Author : Sally T. Hillsman
language : en
Publisher:
Release Date : 1984
Fines In Sentencing written by Sally T. Hillsman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Criminal justice, Administration of categories.
The Call For Criminal Sanctions For Enforcement Of Competition Law And Its Practical Concerns
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Author : Dr. Aneesh V. Pillai
language : en
Publisher:
Release Date : 2020
The Call For Criminal Sanctions For Enforcement Of Competition Law And Its Practical Concerns written by Dr. Aneesh V. Pillai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
The effectiveness of competition law and its enforcement based on fines as well as behavioral and structural remedies has always been a debatable issue. It is argued that such competition law enforcement based on fines and other remedies has less deterrent effect compared to a system based on criminal sanctions. Therefore some of the jurists and authors have proposed that criminal sanctions should be included in the competition law enforcement. This paper seeks to examine the need and effectiveness of criminal sanctions in enforcement of competition law. It discusses the various justifications for the use of criminal sanctions for competition law enforcement such as Utilitarian Justification of Deterrence; Retributivist Non-Consequentialist Justification; Stigma Effect; To ensure the Obligation of Members or Agents of the Company; To Legitimize the Extra Territorial Application of Competition Law; and To Ensure Cooperation among Countries. At the same time this paper also identifies various practical issues involved in the criminal enforcement of competition law such as the problem of defining competition law offences; attribution of mens rea to corporate bodies; attribution of vicarious liability to the body corporate in criminal law; etc. Further the paper attempts to provide some pragmatic solutions for dealing with the various concerns raised by the criminal enforcement of competition law.
Money And The Governance Of Punishment
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Author : Patricia Faraldo Cabana
language : en
Publisher: Taylor & Francis
Release Date : 2017-06-26
Money And The Governance Of Punishment written by Patricia Faraldo Cabana and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-26 with Social Science categories.
Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
A Principled Argument For Personal Criminal Sanctions As Punishment Under Ec Cartel Law
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Author : Peter Whelan
language : en
Publisher:
Release Date : 2007
A Principled Argument For Personal Criminal Sanctions As Punishment Under Ec Cartel Law written by Peter Whelan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
This article formulates a principled criminalisation framework in order to argue for the necessity of criminal sanctions as punishment under EC cartel law. It examines the traditional rationales of criminal punishment, demonstrating their relative merits and demerits. The theoretical usefulness of an economic model of analysis concerning the employment of criminal antitrust sanctions is highlighted in the process. The examined theories are then used to establish a 'model of criminalisation', which consists of a number of principles to be adhered to, and a set of (limiting) criteria to be considered, when deciding whether to criminalise certain (cartel) behaviour. This principled criminalisation framework is then employed to argue that a personal criminal sanction for cartel activity is necessary if one genuinely wishes to enforce the law in this area. More specifically, it is argued, first, that the current use of non-criminal sanctions within the EC concerning such arrangements leads to ineffective law enforcement of an activity that causes serious harm to consumers and the economy; and, second, that this deficiency should be rectified through the use of criminal punishment as reinforcement for other less controversial antitrust law enforcement tools, such as fines, director disqualifications, and private enforcement actions.
The Limits Of The Criminal Sanction
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Author : Herbert Packer
language : en
Publisher: Stanford University Press
Release Date : 1968-06-01
The Limits Of The Criminal Sanction written by Herbert Packer and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968-06-01 with Social Science categories.
The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
Economic Sanctions In Criminal Justice
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Author : R. Barry Ruback
language : en
Publisher: Oxford University Press
Release Date : 2021
Economic Sanctions In Criminal Justice written by R. Barry Ruback 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 2021 with Psychology categories.
"Justice is expensive. So is injustice. These kinds of judgments are usually made in terms of money, and an economic focus makes sense in the context of criminal law and procedure, since money has long played a role in how society deals with unlawful behavior. These economic sanctions, the court-imposed financial obligations that follow a criminal conviction, are useful because they apply a metric that is understood by everyone. The notion of using money as a means of resolving criminal and civil problems goes back almost four thousand years, to the Code of Hammurabi (Van Ness, 1990), and there are several Biblical injunctions regarding payment after crimes. In the Middle Ages, victims were entitled to compensation for injuries (adjusted for their rank in society), and by the twelfth century, the king was entitled to a fee for administering the system (Klein, 1997)"--