Download or read book Corporations Crime and Accountability written by Brent Fisse and published by Cambridge University Press. This book was released on 1993 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.
Download or read book Corporate Criminal Liability and Prevention written by Richard S. Gruner and published by Law Journal Press. This book was released on 2004 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book instructs corporate counsel on how to adopt forward-looking compliance policies that can prevent criminal liability and how to mitigate the severity of penalties when they are unavoidable.
Download or read book Corporate Criminality and Liability for Fraud written by Alison Cronin and published by Routledge. This book was released on 2018-03-14 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a rational reconstruction of orthodox legal principles, and reference to cutting-edge neuro-science, this book reveals some startling truths about the criminal law, its history and the fundamental doctrines that underpin the attribution of criminal fault. While this has important implications for the criminal law generally, the focus of this work is the development of a theory of corporate criminality that accords with modern theory of group agency, itself informed by advancements in contemporary philosophy and social science. The innovation it proposes is the theoretical and practical means by which criminal fault can be attributed directly to the corporate actor, where liability cannot or should not be reduced to its individual members.
Download or read book Criminal Actions and Social Situations written by Anthony Amatrudo and published by Springer. This book was released on 2018-01-24 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a more nuanced, and technically rigorous, account of persons and groups in the context of intentional action and responsibility. Until now criminologists have taken groups as fairly straightforward associations and neglected the technical – and problematic – issues of how intention and action both structure membership and action. Amatrudo also assesses the often-overlooked fleeting nature of many groups and the overstated continuity of group membership, and this book has radical implications for the way we describe criminal groupings e.g. “criminal” groups with their loose bonds but tight sense of intentionality from criminogenic groups with their tight bonds and loose sense of intentionality. A key issue investigated here is the implications involved for people incarcerated on joint criminal enterprise charges and gang membership-related charges; and this timely topic will be of great interest to academics and students of Criminology, Law, Sociology and a variety of other Social Sciences. The volume will also be useful for lawyers, social workers, community workers and others involved in the criminal justice system.
Download or read book Criminal Liability of Corporations LA Criminalisation Du Comportement Collectif written by Hans De Doelder and published by Martinus Nijhoff Publishers. This book was released on 1996 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains fourteen national reports and the general report on the subject of "Criminal Liability of Corporations," written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. The issue of criminal liability of corporations is being discussed worldwide, as is apparent in the many changes which are taking place in both criminal law and administrative law in several countries. The national reports give an overview of the various trends in criminal policy when addressing the topic of liability of corporations and the general report sets out a common thread in this field.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Responsibility in Law and Morality written by Peter Cane and published by Hart Publishing. This book was released on 2002-04-17 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Cane aims to confront the view that morality stands to law as critical standard to conventional practice.
Download or read book Reparations by Non State Armed Groups under International Law written by Olivia Herman and published by Taylor & Francis. This book was released on 2024-07-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today’s armed conflicts are waged between states and non-state armed groups or between such groups. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups’ duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia’s experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly.
Download or read book Basic Concepts of Criminal Law written by George P. Fletcher and published by Oxford University Press. This book was released on 1998-09-03 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.
Download or read book World Class Actions written by Paul G. Karlsgodt and published by Oxford University Press, USA. This book was released on 2012-09-13 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.
Download or read book Criminalising Cartels written by Caron Beaton-Wells and published by Bloomsbury Publishing. This book was released on 2011-02-10 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
Download or read book The Matrix of Derivative Criminal Liability written by Gabriel Hallevy and published by Springer Science & Business Media. This book was released on 2012-04-23 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derivative criminal liability includes inchoate offenses (criminal attempt, conspiracy, preparatory offenses, etc.), complicity (joint perpetration, perpetration through another, incitement, solicitation, accessoryship, etc.), organized crime, natural and probable consequences liability, post-crime aid, enterprise liability, terrorism and terrorist infrastructure, and many more forms of criminal liability, clearly making it a major pillar of modern criminal law. Although derivative criminal liability affects countries worldwide, there is still no general legal theory that covers this issue. The objective of the present book is to develop a comprehensive, general, legally sophisticated, and at the same time practical theory of derivative criminal liability. The book emphasizes the practicality of the theory to enable courts, lawyers, legislators, attorneys, students, and academics to apply it in their daily professional occupations.
Download or read book Responding to Money Laundering written by Ernesto Savona and published by Routledge. This book was released on 2005-09-29 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to Money Laundering has its origin in the International Conference on Preventing and Controlling Money Laundering and the Use of Proceeds of Crime: A Global Approach organised by ISPAC, the International Scientific and Advisory Board of the United Nations in co-operation with the Crime and Justice Branch of the United Nations under the auspices of the Italian Government. This conference has been a milestone in the recent international debate on money laundering. Some of the main papers presented are substantially revised and collected in this book making a major contribution to the development of expertise in the field. Divided into two sections -- "Trends and Implications" and "Tuning the Instruments" -- the chapters develop an analysis of the different aspects of the money laundering problem and attempt to tune the instruments for combating them. Globalization of the problem calls for globalization of the responses. By presenting a wide range of different approaches and
Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Download or read book Criminal Liability for Non Aggressive Death written by Dr Sally Cunningham and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.
Download or read book Pressure Through Law written by Carol Harlow and published by Routledge. This book was released on 2013-05-13 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Group litigation has been recognised by political scientists in the States as a useful method of gaining ground and attracting publicity for pressure groups since the turn of the century. In Britain however, recognition that the courts fill such a role has come more slowly. Despite this lack of recognition, pressure through law is far from a modern phenomenon. As the authors show, such cases can be identified in Britain as early as 1749 when abolitionists used the court to test conflicting views of slavery in common law. This book looks at the extent to which pressure groups in Britain use litigation, presenting a view of the courts as a target for campaigners and a vehicle for campaigning. It begins with a description of the tradition of pressure through law in Britain, tracing the development of a parallel tradition in the United States, which has been influential in shaping current British attitudes. The authors analyse the significance of the political environment in Britain in test-case strategy. In contrast with America, Britain has no written constitution and no Bill of Rights and its lack of Freedom of Information legislation makes both litigation and the monitoring of its effects very difficult. However, the centralised character of the British government means that the effects of lobbying are rather more visible in the corridors of power. The authors examine a large number of case studies in order to analyse current practice, and they look at the rapidly changing European and international scene, discussing transnational law, the European community and the Council of Europe. They also look at the campaign tactics of global organisations such as Amnesty and Greenpeace. Carol Harlow and Richard Rawlings are experienced in public law and familiar with political science literature. They are therefore able to relate legal systems to the political process, in a book designed to be accessible and important to lawyers, to political scientists and to lobby group activists.
Download or read book Understanding Criminal Law written by Christopher M. V. Clarkson and published by Sweet & Maxwell. This book was released on 2005 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study seeks to present the key principles of criminal law in a comprehensive and readable style. Concentrating on the more theoretical issues, the main focus is on the general principles of criminal liability.
