Download or read book Prosecuting and Punishing Multi Offenders in the EU written by Nele Audenaert and published by Gompel&Svacina. This book was released on 2021-07-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book elaborates on the rules governing the prosecution and sentencing of multi-offenders. The term ‘multi-offender’ is used for an offender that has committed a series of offences (either in one single act or in different acts); hence the addition of ‘multi’ in ‘multi-offender’. A crucial element thereto is that the whole series of offences – which make the offender a multi-offender – has been committed before being subject to a final conviction. A comparative EU-study was conducted, focussing on the rules governing multi-offenders within different EU Member States. It reveals that this type of offenders challenge both the legislator and the prosecution and judges: when the offences are prosecuted in one go, the challenges are linked to finding an appropriate way to assess the severity of the criminal behaviour; if however the offences are prosecuted in several simultaneous or consecutive proceedings, the challenges are linked to taking account of the simultaneous or past proceeding. These challenges only grow if proceedings take place in different EU Member States. The analysis presented in this book is essential reading for EU policy makers, national policy makers, academics and defence lawyers throughout the EU working with multi-offenders. Undoubtedly, it will be an asset to their work in both mere national as well as in cross-border cases.
Download or read book Punishment in Europe written by Vincenzo Ruggiero and published by Springer. This book was released on 2013-08-30 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection, from a range of leading international scholars, looks at penal practice in a variety of different European countries. Noting particularities as well as similarities, such as the overuse of imprisonment and the use of harsher sanctions against the poor, this book questions how we justify and deliver punishment in Europe.
Download or read book Day Fines in Europe written by Elena Kantorowicz-Reznichenko and published by Cambridge University Press. This book was released on 2021-07-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.
Download or read book Crime Policy in Europe written by Council of Europe and published by Council of Europe. This book was released on 2004-01-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a number of papers which highlight examples of good practice in relation to criminal policy in member states of the Council of Europe, set out under the headlines of: crime prevention, mediation and other community sanctions, the prison system, and criminal procedure. Many of the papers are written by members of the Criminological Scientific Council of the Council of Europe (CSC).
Download or read book Resisting Punitiveness in Europe written by Sonja Snacken and published by Routledge. This book was released on 2013-03-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an important and exciting contribution to the knowledge on punishment across Europe. Over the past decade, punitiveness has been studied through analyses of ‘increased’ or ‘new’ forms of punishment in western countries. Comparative studies on the other hand have illustrated important differences in levels of punitiveness between these countries and have tried to explain these differences by looking at risk and protective factors. Covering both quantitative and qualitative dimensions, this book focuses on mechanisms interacting with levels of punitiveness that seem to allow room for less punitive (political) choices, especially within a European context: social policies, human rights and a balanced approach to victim rights and public opinion in constitutional democracies. The book is split into three sections: Punishment and Welfare. Chapters look into possible lessons to be learned from characteristics and developments in Scandinavian and some Continental European countries. Punishment and Human Rights. Contributions analyze how human rights in Europe can and do act as a shield against – but sometimes also as a possible motor for – criminalization and penalization. Punishment and Democracy. The increased political attention to victims’ rights and interests and to public opinion surveys in European democracies is discussed as a possible risk for enhanced levels of punitiveness in penal policies and evaluated against the background of research evidence about the wishes and expectations of victims of crime and the ambivalence and ‘polycentric consistency’ of public opinion formations about crime and punishments. This book will be a valuable addition to the literature in this field and will be of interest to students, scholars and policy officials across Europe and elsewhere.
Download or read book Offender Supervision in Europe written by F. McNeill and published by Springer. This book was released on 2013-11-26 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offender supervision in Europe has developed rapidly in scale, distribution and intensity in recent years. However, the emergence of mass supervision in the community has largely escaped the attention of legal scholars and social scientists more concerned with the mass incarceration reflected in prison growth. As well as representing an important analytical lacuna for penology in general and comparative criminal justice in particular, the neglect of supervision means that research has not delivered the knowledge that is urgently required to engage with political, policy and practice communities grappling with delivering justice efficiently and effectively in fiscally straitened times, and with the challenges of communicating the meaning, legitimacy and utility of supervision to an insecure public. This book reports the findings from a survey of European research on this topic, undertaken during the first year of a European research network that spans twenty countries. As such, it provides the first comprehensive review of research on offender supervision in Europe, opening up an important new field of enquiry for comparative social science, and offering the prospects of better informed democratic deliberation about key challenges facing contemporary justice systems, policymakers and practitioners, and the societies they seek to serve.
Download or read book Victims of Crime in 22 European Criminal Justice Systems written by Marion Eleonora Ingeborg Brienen and published by . This book was released on 2000 with total page 1224 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The implementation of recommendation (85) 11 of the Council of Europe on the position of the victim in the framework of criminal law and procedure."--T.p.
Download or read book Research Handbook on EU Criminal Law written by Valsamis Mitsilegas and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
Download or read book EU Criminal Law and Policy written by Joanna Beata Banach-Gutierrez and published by Routledge. This book was released on 2016-07-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Download or read book Community Punishment written by Gwen Robinson and published by Routledge. This book was released on 2015-10-16 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Community Punishment: European perspectives, the authors place punishment in the community under the spotlight by exploring the origins, evolution and adaptations of supervision in 11 European jurisdictions. For most people, punishment in the criminal justice system is synonymous with imprisonment. Yet, both in Europe and in the USA, the numbers of people under some form of penal supervision in the community far exceeds the numbers in prison, and many prisoners are released under supervision. Written and edited by leading scholars in the field, this collection advances the sociology of punishment by illuminating the neglected but crucial phenomenon of ‘mass supervision’. As well as putting criminological and penological theories to the test in an examination of their ability to explain the evolution of punishment beyond the prison, and across diverse states, the contributors to this volume also assess the appropriateness of the term ‘community punishment’ in different parts of Europe. Engaging in a serious exploration of common themes and differences in the jurisdictions included in the collection, the authors go on to examine how ‘community punishment’ came into being in their jurisdiction and how its institutional forms and practices have been legitimated and re-legitimated in response to shifting social, cultural and political contexts. This book is essential reading for academics and students involved in the study of both community punishment and comparative penology, but will also be of great interest to criminal justice policymakers, managers and practitioners.
Download or read book Crime and Criminal Justice in Europe written by Christopher Nuttall and published by Council of Europe. This book was released on 2000-01-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Crime Policy in Europe" brings together fourteen policy specialists from across. It covers: existing and recent trends of crime; the importance of victim concerns; crime prevention and policing; the role of the prosecution and sentencing; different kinds of sanctions ranging from imprisonment to community service and other measures. The prosecution, imprisonment and rehabilitation of criminals has changed dramatically in Europe over the past ten years. New pressures are forcing many of its philosophies and procedures to be re-evaluated. This book explains why many of the new decisions being taken and options that are available to the courts.
Download or read book EU Criminal Justice written by Tommaso Rafaraci and published by Springer. This book was released on 2018-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
Download or read book Death Torture and the Broken Body in European Art 1300 650 written by JohnR. Decker and published by Routledge. This book was released on 2017-07-05 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bodies mangled, limbs broken, skin flayed, blood spilled: from paintings to prints to small sculptures, the art of the late Middle Ages and early modern period gave rise to disturbing scenes of violence. Many of these torture scenes recall Christ?s Passion and its aftermath, but the martyrdoms of saints, stories of justice visited on the wicked, and broadsheet reports of the atrocities of war provided fertile ground for scenes of the body?s desecration. Contributors to this volume interpret pain, suffering, and the desecration of the human form not simply as the passing fancies of a cadre of proto-sadists, but also as serving larger social functions within European society. Taking advantage of the frameworks established by scholars such as Samuel Edgerton, Mitchell Merback, and Elaine Scarry (to name but a few), Death, Torture and the Broken Body in European Art, 1300-1650 provides an intriguing set of lenses through which to view such imagery and locate it within its wider social, political, and devotional contexts. Though the art works discussed are centuries old, the topics of the essays resonate today as twenty-first-century Western society is still absorbed in thorny debates about the ethics and consequences of the use of force, coercion (including torture), and execution, and about whether it is ever fully acceptable to write social norms on the bodies of those who will not conform.
Download or read book Judicial Corporal Punishment as an Alternative to Incarceration in the United States written by Sanaz Alasti and published by Rowman & Littlefield. This book was released on 2023-07-25 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sanaz Alasti leaves the mainstream alternatives to incarceration to examine a different, seemingly archaic approach, physical (but non-carceral) punishment—corporal punishment. This book ignites debates about the history, persistence, and use of corporal punishment in criminal justice systems. Alasti compares penological practices in in Western societies, represented by the United States, and Islamic societies, represented by Iran, to analyze which practices are more deterrent, less costly, and most humane. While Alasti does not suggest this should be the norm, she does present intriguing questions. Which is more barbaric? Is judicial corporal punishment a more humane and effective form of punishment compared to incarceration? Is corporal punishment a less cruel alternative to spending years behind bars in primitive and punitive jails and prisons? This book would be of interest to those studying criminology, criminal justice, history, law, and sociology.
Download or read book The Fight Against Impunity in EU Law written by Luisa Marin and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Download or read book Sentencing Multiple Crimes written by Jesper Ryberg and published by Oxford University Press. This book was released on 2017-10-10 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.
