Download or read book Taking Life Imprisonment Seriously in National and International Law written by Dirk Van Zyl Smit and published by Brill - Nijhoff. This book was released on 2002 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: CHAPTER 4 - GERMANY
Download or read book Taking Life Imprisonment Seriously written by Kenneth G. Zysk and published by BRILL. This book was released on 2002-04-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment is a complex and drastic penal sanction. It gives the State the power to curtail the liberty of offenders for the rest of their lives. In many jurisdictions life imprisonment is the ultimate sanction for the most serious crimes. It is frequently touted as an alternative to the death penalty. At the same time, life imprisonment is often imposed as a preventive measure, where the offence alone does not justify using the ultimate sanction in the penal arsenal. The complexity of life imprisonment is frequently overlooked. Often it is assumed that it is not as drastic as it sounds, as it will not be enforced for the whole life of the offender. There may also be a reluctance to subject life imprisonment to close scrutiny, lest its perceived suitability as an alternative to the death penalty be undermined. This book tackles the complexity of life imprisonment head on by describing how various forms of it are imposed and implemented in the United States of America, in England and Wales and in Germany, as well as in the emerging international system of criminal justice. From this basis it examines the justifications advanced for life imprisonment and the modifications that have resulted in individual jurisdictions in response to criticisms of its imposition and implementation. At the same time, the book develops a more general critique of life imprisonment. It evaluates it against constitutional human rights standards that have been developed in many jurisdictions to judge the acceptability of punishment generally. It concludes that some current practices in both the imposition and implementation of life imprisonment clearly are fundamentally unacceptable, but that questions remain, even about carefully implemented life sentences imposed for the most serious crimes. The jurisprudential analysis provides the basis for a major re-evaluation of life imprisonment and raises doubts about the unquestioning acceptance of this ultimate penalty.
Download or read book Life Imprisonment written by Dirk Van Zyl Smit and published by Harvard University Press. This book was released on 2019-01-14 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices. The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely. Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.
Download or read book The Meaning of Life written by Marc Mauer and published by The New Press. This book was released on 2018-12-11 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I can think of no authors more qualified to research the complex impact of life sentences than Marc Mauer and Ashley Nellis. They have the expertise to track down the information that all citizens need to know and the skills to translate that research into accessible and powerful prose." —Heather Ann Thompson, author of the Pulitzer Prize–winning Blood in the Water From the author of the classic Race to Incarcerate, a forceful and necessary argument for eliminating life sentences, including profiles of six people directly impacted by life sentences by formerly incarcerated author Kerry Myers Most Western democracies have few or no people serving life sentences, yet here in the United States more than 200,000 people are sentenced to such prison terms. Marc Mauer and Ashley Nellis of The Sentencing Project argue that there is no practical or moral justification for a sentence longer than twenty years. Harsher sentences have been shown to have little effect on crime rates, since people "age out" of crime—meaning that we're spending a fortune on geriatric care for older prisoners who pose little threat to public safety. Extreme punishment for serious crime also has an inflationary effect on sentences across the spectrum, helping to account for severe mandatory minimums and other harsh punishments. A thoughtful and stirring call to action, The Meaning of Life also features moving profiles of a half dozen people affected by life sentences, written by former "lifer" and award-winning writer Kerry Myers. The book will tie in to a campaign spearheaded by The Sentencing Project and offers a much-needed road map to a more humane criminal justice system.
Download or read book Life Imprisonment in Asia written by Dirk van Zyl Smit and published by Springer Nature. This book was released on 2022-11-30 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment is the punishment most often imposed worldwide for what societies regard as the most serious offences. Yet, in Asia the phenomenon has never been studied systematically. Life Imprisonment in Asia fills this major gap. It brings together thirteen new essays on life imprisonment in key jurisdictions in the region. Each chapter consolidates what is known about the law and practice of life imprisonment in the jurisdiction and then explores aspects of the imposition or implementation of life sentences that the authors regard as particularly problematic. In some instances, the main issue is the imposition of life sentences by the courts and their relationship to the death penalty. In others, the focus is on the treatment of life sentenced prisoners. In many instances, the most prominent question is whether life sentenced prisoners should be released and, if so, according to what processes. In the overview chapter, the editors place the complex picture that emerges of life imprisonment in Asia in a global context and point to reforms urgently required to ensure that Asian life sentences meet international human rights standards. Life Imprisonment in Asia should be read by everyone who has an interest in just punishments for serious offences, not only in Asia, but throughout the world. It will be an invaluable tool for lawyers, criminologists, policy makers and penal reform advocates in the region and beyond.
Download or read book The International Library of Essays on Capital Punishment Volume 1 written by Peter Hodgkinson and published by Routledge. This book was released on 2016-12-05 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides up-to-date and nuanced analysis across a wide spectrum of capital punishment issues. The essays move beyond the conventional legal approach and propose fresh perspectives, including a unique critique of the abolition sector. Written by a range of leading experts with diverse geographical, methodological and conceptual approaches, the essays in this volume challenge received wisdom and embrace a holistic understanding of capital punishment based on practical experience and empirical data. This collection is indispensable reading for anyone seeking a comprehensive and detailed understanding of the complexity of the death penalty discourse.
Download or read book Life Imprisonment and Human Rights written by Dirk van Zyl Smit and published by Bloomsbury Publishing. This book was released on 2016-12-01 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights.
Download or read book Life After Life Imprisonment written by Catherine Appleton and published by OUP UK. This book was released on 2010-07-08 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious and sensitive topics in criminal justice, Life after Life Imprisonment looks at the release and resettlement of life-sentenced offenders in England and Wales - where there are very few prisoners in the system for whom 'life' means life. By providing an in-depth analysis of the post-prison experiences of 138 discretionary life-sentenced offenders, all of whom released during the mid-1990s, this book looks at the reality facing Lifers as they are released at some time during their sentences, usually on very long licences, to be closely monitored and supervised by probation officers. Using accessible and comprehensive data, it examines key legal developments within the criminal justice system for discretionary life-sentenced offenders, explores the frontline experiences of the probation officers charged with supervising life-sentenced offenders, and analyses the 'stories' or life narratives of a group of individuals who have committed some of the most serious crimes. It also examines the process of recall for life-sentenced prisoners and explores key factors associated with failure in the community. Of interest to legal scholars and criminologists, as well as practitioners in the field, Catherine Appleton's book offers a major insight into how societies respond to serious crime and identifies important elements of successful reintegration for released life-sentenced offenders.
Download or read book Imprisonment written by Noah Berlatsky and published by Greenhaven Publishing LLC. This book was released on 2010-03-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the main purposes of imprisonment around the world, including punishment, deterrence, rehabilitation, and public safety. It looks at the role of sentencing: Do life sentences violate human rights? How are juvenile offenders treated? Are mandatory sentences effective? Readers will examine the treatment of prisoners and prison conditions like overcrowding, gang activity, sexual abuse and disease, as well as the unique plight of political and religious prisoners. Essay sources include the Council of Europe, Catholic Bishops of New Zealand, House of Commons Home Affairs Committee, Just Detention International, and Human Rights Watch.
Download or read book Taking Life Imprisonment Seriously written by Dirk Van Zyl Smit and published by . This book was released on 2002 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Life Imprisonment written by Dirk Van Zyl Smit and published by Harvard University Press. This book was released on 2019-01-14 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices. The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely. Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.
Download or read book The Irish Yearbook of International Law Volume 1 2006 written by Jean Allain and published by Bloomsbury Publishing. This book was released on 2008-02-28 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
Download or read book The Death Penalty written by Roger Hood and published by OUP Oxford. This book was released on 2015-01-08 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
Download or read book The International Library of Essays on Capital Punishment Volume 2 written by Peter Hodgkinson and published by Routledge. This book was released on 2016-12-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected for this volume develop conventional abolition discourse and explore the conceptual framework through which abolition is understood and posited. Of particular interest is the attention given to an integral but often forgotten element of the abolition debate: alternatives to capital punishment. The volume also provides an account of strategies employed by the abolition community which challenges tired methodologies and offers a level of transparency previously unseen. This collection tackles complex but fundamental components of the capital punishment debate using empirical data and expert observations and is essential reading for those wishing to comprehend the fundamental issues which underpin capital punishment discourse.
Download or read book Beyond the Tariff written by Nicola Padfield and published by Routledge. This book was released on 2013-01-11 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the workings of the Discretionary Lifer Panels of the Parole Board, the body charged with the responsibility for making decisions on the release of discretionary life sentence prisoners. It traces the origins and development of the Discretionary Lifer Panels following the landmark Weeks and Thynne decisions of the European Court of Human Rights which led to the establishment of DLPs, and examines the way in which the DLPs developed subsequently - often rather differently to what was originally envisaged as necessary to comply with the decision of the ECHR. This book provides a fascinating case study of a little-known part of the criminal justice system, and explores at the same time the wider issues that have arisen - in particular the impact of the ECHR and the Human Rights Act on the criminal justice system; the relationship between the Parole Board and the Prison and Probation Services; the differences between release procedures for different categories of life sentence prisoner, and those detained compulsorily under the Mental Health Act;the broader social, legal and political context in which DLPs operate, and the nature of discretionary decision-making in the criminal justice system field. the first detailed study - from a leading authority in the field - of the way decisions are reached on discretionary life sentence prisoners explores the impact of the decisions of the European Court of Human Rights and the Human Rights Act on the working of the criminal justice system of interest to practitioners and academics concerned with the criminal justice system.
Download or read book Judicial Power in a Globalized World written by Paulo Pinto de Albuquerque and published by Springer Nature. This book was released on 2019-08-21 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
Download or read book The Emerald Handbook of Feminism Criminology and Social Change written by Sandra Walklate and published by Emerald Group Publishing. This book was released on 2020-07-02 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emerald Studies in Criminology, Feminism and Social Change offers a platform for innovative, engaged, and forward-looking feminist-informed work to explore the interconnections between social change and the capacity of criminology to grapple with the implications of such change.
