Download or read book Constitutionalizing Criminal Law written by Colton Fehr and published by UBC Press. This book was released on 2022-04-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.
Download or read book Constitutionalizing Criminal Law written by Colton Fehr and published by UBC Press. This book was released on 2022-04-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.
Download or read book Criminal Constitutional Law written by David S. Rudstein and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law for Criminal Justice written by George T. Felkenes and published by Prentice Hall. This book was released on 1988 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution and the Future of Criminal Justice in America written by John T. Parry and published by Cambridge University Press. This book was released on 2013-08-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.
Download or read book About Guilt and Innocence written by Donald A. Dripps and published by Bloomsbury Publishing USA. This book was released on 2002-12-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.
Download or read book Constitutionalizing Transitional Justice written by Cheng-Yi Huang and published by Taylor & Francis. This book was released on 2022-11-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
Download or read book The Meaning of Criminal Law written by Mohammed Saif-Alden Wattad and published by VDM Publishing. This book was released on 2008-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses the constitutional grounds of substantive criminal law in American law. Addressing touchstone cases of the U.S. Supreme Court on substantive criminal law, the book proposes that the Court has consistently failed to provide a theory of substantive criminal law. In addition, the book criticizes the Court's superficial understanding of fundamental principles of criminal theory. More specifically, in highlighting the inherent nexus between constitutional law and substantive criminal law, the book examines the American Supreme Court's reluctance to entangle with the constitutional aspects of substantive criminal law. The book rejects the argument that the American Constitution includes no language of substantive criminal law. Inquiring into the possible interactions between constitutional law and criminal law, the book offers a complete theory of the fundamental principles of substantive criminal law. The book provides a wider and deeper panorama of the whole theory of criminal law, thus providing the vital legal tools for addressing many other criminal law questions in future.
Download or read book Constitutional Law for Criminal Justice written by Jacqueline R. Kanovitz and published by . This book was released on 2018-09-25 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice professionals often do not receive the training they need to recognize constitutional principles that apply to their everyday work. Constitutional Law for Criminal Justice offers a way to solve this problem by providing a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect criminal justice professionals. Constitutional Law for Criminal Justice makes complex concepts accessible to students at all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key terms and concepts are defined in the glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for 50 years.
Download or read book The Right Not to be Criminalized written by Dennis J. Baker and published by Ashgate Publishing, Ltd.. This book was released on 2011 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized.
Download or read book Leading Constitutional Cases on Criminal Justice written by Lloyd L. Weinreb and published by . This book was released on 2003 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Criminal Law Revolution 1960 1969 written by and published by . This book was released on 1969 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Justice and the American Constitution written by H. Frank Way and published by Brooks/Cole. This book was released on 1980 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law Digest written by James A. Douglas and published by . This book was released on 1983 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Courts the Constitution and Capital Punishment written by Hugo Adam Bedau and published by . This book was released on 1977 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proposals for a Constitutional Amendment to Provide Rights for Victims of Crime written by United States and published by . This book was released on 1996 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punishment and Freedom written by Alan Brudner and published by OUP Oxford. This book was released on 2009-07-16 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
