Download or read book Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236

Download or read book Congress and Crime written by Joseph F. Zimmerman and published by Lexington Books. This book was released on 2014-08-06 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.

Download or read book Introduction to Law Enforcement and Criminal Justice written by A. C. Germann and published by . This book was released on 1973 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Selective Enforcement and International Criminal Law written by James Nyawo and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. At times the uneasy relationship between the ICC, the African Union, and a few influential African states has given rise to concerns about the future of international criminal justice in general, and in Africa in particular. Still, the enthusiasts for international criminal justice as enforced by the ICC, interpret the challenges that the ICC is encountering in Africa as part of the growing pains of a new institution in the international system. The distractors have already prepared the ICC's obituary. One of the criticisms levelled against the ICC, and which is the motivation for, and central theme behind, this book is that the ICC has morphed and ceased to be an independent legal institution, instead becoming a political tool utilized by politically powerful states in the West against their political opponents in Africa. More specifically, the Court is alleged to be selectively enforcing international criminal law by only officially opening investigations and prosecutions in Africa. Although this book recognizes that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyzes the legal and political factors behind the Court's focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East? In addition the book attempts to uncover the basis and the validity of the African Union and some African states' criticisms of the ICC. (Series: Supranational Criminal Law: Capita Selecta, Vol. 20) Subject: International Criminal Law, African Law]

Download or read book Controlling Crime Through More Effective Law Enforcement written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures and published by . This book was released on 1967 with total page 1232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Impact of Regulatory Law on American Criminal Justice written by Vincent Del Castillo and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.

Download or read book Criminal Law Procedure and Evidence written by Walter P. Signorelli and published by Taylor & Francis. This book was released on 2023-10-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.

Download or read book Introduction to Law Enforcement and Criminal Justice written by Henry M. Wrobleski and published by Wadsworth Publishing Company. This book was released on 2005-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Study Guide gives your students extensive practice tests to help them review for their course. Each chapter has Chapter Objectives, a Chapter Summary, Key Terms, and a Practice Test Bank including multiple choice, true/false, fill-in-the-blank, and essay questions with a full answer key.

Download or read book Criminal Law for Police Officers written by Neil C. Chamelin and published by Prentice Hall. This book was released on 1987 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ninth edition of Criminal Law for Police Officers presents the historical concepts fundamental to understanding criminal law. The book is written in a non-legalese format, which makes it very student friendly. Areas covered include jurisdiction, matters of responsibility and accountability, and general principles about the criminal act. Book jacket.

Download or read book Briefs of Leading Cases in Law Enforcement written by Rolando V. del Carmen and published by Routledge. This book was released on 2019-07-30 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Briefs of Leading Cases in Law Enforcement, Tenth Edition, offers extensive updates on the leading Supreme Court cases impacting law enforcement in the United States, creating a must-have reference for police officers to stay up-to-date and have a strong understanding of the law and their function within it. All cases are briefed in a common format to allow for comparisons among cases and include facts, relevant issues, and the Court’s decision and reasoning. The significance of each case is also explained, making clear its impact on citizens and law enforcement. The book provides students and practitioners with historical and social context for their role in criminal justice and the legal guidelines that should be followed in day-to-day policing activities.

Download or read book Federal Criminal Law and Its Enforcement written by Norman Abrams and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Environmental Enforcement written by Daniel Riesel and published by Law Journal Press. This book was released on 2023-11-28 with total page 1182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Environmental Enforcement: Civil and Criminal law book explains the potential legal consequences of enforcement actions and discusses procedures to follow to minimize exposure.

Download or read book Criminal Law in the Age of the Administrative State written by Vincent Chiao and published by Studies in Penal Theory and Ph. This book was released on 2018-11-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Download or read book Justice Without Trial written by Jerome H. Skolnick and published by John Wiley & Sons. This book was released on 1975 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: An empirical study of police shows how value conflicts of democratic society create conditions that undermine the capacity of police to respond to the rule of law. Data for the study were drawn from an examination of criminal law officials in a city of approximately 400,000 with a nonwhite population of about 30 percent. The gathering of data began in the summer of 1962 and extended into the summer of 1963. The city involved is reputed to have an exemplary criminal justice structure. Through a questionnaire and direct observation, patterns of police behavior were examined in a variety of areas of law enforcement, including traffic violations, prostitution, and narcotics. A sketch of the policeman's "working personality" is presented, along with a description of his operational environment and use of discretion. His use of informers is also treated. Police attitudes toward criminal law and views of the exclusionary rule are examined. Facts presented in the study were deemed accurate by all individuals questioned and observed, although there was not always agreement on interpretations given to the data. It is concluded that the tension between the operational goals of order, efficiency, and initiative on the one hand and the protection of the legal rights of individual citizens on the other constitutes the principle problem of police as a democratic legal organization. The appendix includes a brief survey of the character of the city studied, comparative data on the police, a history and organization of the offices of public defender and district attorney in La Loma County, California, and the questionnaire given to the police.

Download or read book Citizens enforcing the law written by Astrid Bosch and published by Maklu. This book was released on 2013-11-12 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the netherlands, the right of citizens to arrest the suspects of crime is the subject of debate. At stake is whether citizens engaging in law enforcement should be punished for taking the law into their own hands. In the political sphere, it is argued that by enforcing the law, citizens are making a contribution to public safety in cases in which the state cannot guarantee adequate protection. In the legal sphere, however, it is argued that this could open the gates for ‘eigenrichting’. In this context, Astrid Bosch raises the following questions: Have the legal norms constraining citizens' right to enforce the law become outdated? Is there, thus, a gap between the current legal and social opinions regarding citizen’s arrest? Would bridging this gap, by broadening the legal space for citizen’s arrest, endanger the rule of law?

Download or read book The Boundaries of the Criminal Law written by R.A. Duff and published by Oxford University Press. This book was released on 2010-11-11 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.

Download or read book Criminal Procedure written by Larry E. Holtz and published by . This book was released on 2015 with total page 1023 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedure expert Larry E. Holtz, Esq., presents a new and innovative approach to the study of modern constitutional criminal procedure. In this comprehensive volume, the classical and current United States Supreme Court and federal circuit court decisions are presented and explored in a distinctive Question-Answer-Rationale format, through which Mr. Holtz removes the guesswork in, and tedious search for, "today's law". He also has noted those specific areas of state court departure, wherein many state courts, through the process of what is sometimes called "New Federalism", rely on their own constitutions to provide state citizens with added protection to their rights and liberties. This is an officer's, attorney's or law/criminal justice student's or professor's one-stop reference for the Laws of Arrest, Search and Seizure, Confession Law, and Eyewitness Identification.