Download or read book Storia del diritto penale e della giustizia written by Mario Sbriccoli and published by Giuffrè Editore. This book was released on 2009 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Artificial Intelligence Computational Modelling and Criminal Proceedings written by Serena Quattrocolo and published by Springer Nature. This book was released on 2020-08-27 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of ‘predictive justice’ in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of ‘prediction’ in criminal proceedings.
Download or read book Fitness to Plead written by Ronnie Mackay and published by Oxford University Press. This book was released on 2018-06-20 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.
Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."
Download or read book Marriage the Church and its Judges in Renaissance Venice 1420 1545 written by Cecilia Cristellon and published by Springer. This book was released on 2017-04-21 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the actions of marriage tribunals by analyzing the richest source of marriage suits extant in Italy, those of the Venetian ecclesiastical tribunal, between 1420 and the opening of the Council of Trent. It offers a strongly representative overview of the changes the Council introduced to centuries-old marriage practices, relegating it to the realm of marginality and deviance and nearly erasing the memory of it altogether. From the eleventh century onward, the Church assured itself of a jurisdictional monopoly over the matter of marriage, operating both in concert and in conflict with secular authorities by virtue of marriage’s civil consequences, the first of which regarded the legitimacy of children. Secular tribunals were responsible for patrimonial matters between spouses, though the Church at times inserted itself into these matters either directly, by substituting itself for the secular authority, or indirectly, by influencing Rulings through their own sentences. Lay magistratures, for their part, somewhat eroded the authority of ecclesiastical tribunals by continuing to exercise autonomous jurisdiction over marriage, especially regarding separation and crimes strictly connected to the nuptial bond and its definition, including adultery, bigamy, and rape.
Download or read book Poteri signorili e feudali nelle campagne dell Italia settentrionale fra Tre e Quattrocento written by Federica Cengarle and published by Firenze University Press. This book was released on 2005 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the proceedings of the study convention held in Milan on 11 and 12 April 2003. The objective of these study days was to address the question of the powers of lordship which were exercised in the countryside of central-northern Italy between the mid fourteenth century and the end of the fifteenth century. The discussions focused on what instruments and what foundations of legitimacy these same powers had and what was their relationship with the authority of the prince and with the ordinary citizen, on the one hand, and with the community and the homines on the other. These and various other issues thrown up by the study of feudal power are the topics which emerge in the various contributions gathered in this volume, devoted principally to the Lombardy of the Visconti and the Sforza, but also to other areas of Italy.
Download or read book A Companion to Cosimo I de Medici written by Alessio Assonitis and published by BRILL. This book was released on 2021-11-01 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mining the rich documentary sources housed in Tuscan archives and taking advantage of the breadth and depth of scholarship produced in recent years, the seventeen essays in this Companion to Cosimo I de' Medici provide a fresh and systematic overview of the life and career of the first Grand Duke of Tuscany, with special emphasis on Cosimo I's education and intellectual interests, cultural policies, political vision, institutional reforms, diplomatic relations, religious beliefs, military entrepreneurship, and dynastic concerns. Contributors: Maurizio Arfaioli, Alessio Assonitis, Nicholas Scott Baker, Sheila Barker, Stefano Calonaci, Brendan Dooley, Daniele Edigati, Sheila ffolliott, Catherine Fletcher, Andrea Gáldy, Fernando Loffredo, Piergabriele Mancuso, Jessica Maratsos, Carmen Menchini, Oscar Schiavone, Marcello Simonetta, and Henk Th. van Veen.
Download or read book Handbook on Restorative Justice Programmes written by Yvon Dandurand and published by United Nations Publications. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
Download or read book Law and Mimesis in Boccaccio s Decameron written by Justin Steinberg and published by Cambridge University Press. This book was released on 2023-05-31 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Boccaccio's time, the Italian city-state began to take on a much more proactive role in prosecuting crime – one which superseded a largely communitarian, private approach. The emergence of the state-sponsored inquisitorial trial indeed haunts the legal proceedings staged in the Decameron. How, Justin Steinberg asks, does this significant juridical shift alter our perspective on Boccaccio's much-touted realism and literary self-consciousness? What can it tell us about how he views his predecessor, Dante: perhaps the world's most powerful inquisitorial judge? And to what extent does the Decameron shed light on the enduring role of verisimilitude and truth-seeming in our current legal system? The author explores these and other literary, philosophical, and ethical questions that Boccaccio raises in the Decameron's numerous trials. The book will appeal to scholars and students of medieval and early modern studies, literary theory and legal history.
Download or read book Violence and Justice in Bologna written by Sarah Rubin Blanshei and published by Lexington Books. This book was released on 2018-04-02 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays offers a unique contribution to the study of violence and justice in a late medieval and early modern Italy by combining a multivocal perspective with a case-study focus on the city-state of Bologna. Drawing on the city’s singularly rich archival resources, the authors explore various facets of violence—ranging from the interpersonal to the less frequently studied typologies of blasphemy, rape, political rebellion, and student brawls—and set the institutions of the police and law courts into their socio-political and cultural contexts. They also apply a broad variety of quantitative and qualitative approaches—processual, microhistorical, legalism, comparative and criminological—to their assessments of the procedures and practices of criminal justice and the experiences of violent behavior, providing both short-term, in-depth analyses of specific events and over-arching reviews of long-term trends. Bologna itself, with its renowned university, economic innovations, strategic importance as a commercial and cultural crossroads, its political volatility and experiments with diverse constitutional structures, provides a rewarding laboratory for analyzing changes and continuities in late medieval and early modern violence and justice. From these studies emerges a narrative that challenges the traditional portrayal of those periods as eras when brutality and rage were “normal” in social relations and criminal justice was characterized mainly by punitive strategies of torture and repression.
Download or read book Crime and Justice in Late Medieval Italy written by Trevor Dean and published by Cambridge University Press. This book was released on 2007-08-02 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important study, Trevor Dean examines the history of crime and criminal justice in Italy from the mid-thirteenth to the end of the fifteenth century. The book contains studies of the most frequent types of prosecuted crime such as violence, theft and insult, along with the rarely prosecuted sorcery and sex crimes. Drawing on a diverse and innovative range of sources, including legislation, legal opinions, prosecutions, chronicles and works of fiction, Dean demonstrates how knowledge of the history of criminal justice can illuminate our wider understanding of the Middle Ages. Issues and instruments of criminal justice reflected the structure and operation of state power; they were an essential element in the evolution of cities and they provided raw material for fictions. Furthermore, the study of judicial records provides insight into a wide range of social situations, from domestic violence to the oppression of ethnic minorities.
Download or read book Dante the Limits of the Law written by Justin Steinberg and published by University of Chicago Press. This book was released on 2013-12-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Dante and the Limits of the Law, Justin Steinberg offers the first comprehensive study of the legal structure essential to Dante’s Divine Comedy. Steinberg reveals how Dante imagines an afterlife dominated by sophisticated laws, hierarchical jurisdictions, and rationalized punishments and rewards. He makes the compelling case that Dante deliberately exploits this highly structured legal system to explore the phenomenon of exceptions to it, crucially introducing Dante to current debates about literature’s relation to law, exceptionality, and sovereignty. Examining how Dante probes the limits of the law in this juridical otherworld, Steinberg argues that exceptions were vital to the medieval legal order and that Dante’s otherworld represents an ideal “system of exception.” In the real world, Dante saw this system as increasingly threatened by the dual crises of church and empire: the abuses and overreaching of the popes and the absence of an effective Holy Roman Emperor. Steinberg shows that Dante’s imagination of the afterlife seeks to address this gap between the universal validity of Roman law and the lack of a sovereign power to enforce it. Exploring the institutional role of disgrace, the entwined phenomena of judicial discretion and artistic freedom, medieval ideas about privilege and immunity, and the place of judgment in the poem, this cogently argued book brings to life Dante’s sense of justice.
Download or read book Encyclopedia of Law and Society written by David S. Clark and published by SAGE Publications, Incorporated. This book was released on 2007-07-10 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.
Download or read book Tra economia e societ written by Antonio D'Agata and published by Giuffrè Editore. This book was released on 2006 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Personal Participation in Criminal Proceedings written by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Download or read book The Prosecutor and the Judge written by Heikelina Verrijn Stuart and published by Amsterdam University Press. This book was released on 2009 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earlier this year, the Praemium Erasmianum Foundation bestowed its annual award—the Erasmus Prize—on Benjamin Ferencz and Antonio Cassese, two pioneers in the field of international law. Ferencz, a leading American prosecutor, author, and lecturer, was present at the American war crimes trials in Dachau and was the chief prosecutor in the Einsatzgruppen trials in Nuremburg. Like Ferencz, Cassese was a key figure in the development of international criminal law, serving as the first president of the International Criminal Tribunal for the former Yugoslavia and president of the European Committee for the Prevention of Torture, and chairman of the UN Commission of Inquiry into Violation of Human Rights and Humanitarian Law in Darfur. Cassese is currently the president of the Special Court for Lebanon. In The Prosecutor and the Judge, Heikelina Verrijn Stuart and Marlise Simons provide in-depth, revealing interviews with these two advocates of international law. Supplementing the interviews are several key articles written by Ferencz and Cassese that highlight the two men’s achievements and set the development of international law in context.
Download or read book Violence and Emotions in Early Modern Europe written by Susan Broomhall and published by Routledge. This book was released on 2015-07-30 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence and Emotions in Early Modern Europe examines the purposes for which specific forms of violence and particular emotional states functioned, how they operated in relation to each other, or indeed how one provoked, sustained or diminished the other. These twelve original essays demonstrate the complexities of violence and emotions and the myriad possibilities of their inter-relationships. They emphasize the great efforts that were made by early modern societies to control modes of violence and emotional regimes to achieve positive as well as negative effects, such as creating order, healing, and bringing individuals and communities together around productive identities. Authors consider legal documents, news reports, memoirs, letters, confraternity statutes, and medical consultations to investigate the bodily and textual practices in which violent and emotional acts were created, supported and disseminated to investigate the power, aims, effect and outcomes of relationships between violence and emotions. The chapters look at a range of topics and countries including Renaissance Italy and sixteenth-century Germany, France in the grip of the religious wars, and England’s Civil Wars as well as a wide range of topics including murder, punishment, community healing, insults, threats, prophecy and medical and devotional practices. This collection will be essential reading for students and scholars of the history of emotions or violence.
