Download or read book Justicia penal adversarial written by Ricardo Monreal Ávila and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Adversarial versus Inquisitorial Justice written by Peter J. van Koppen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Download or read book La implementaci n de la nueva justicia penal adversarial written by Alberto M. Binder and published by . This book was released on 2012 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La justicia penal adversarial en Am rica Latina written by and published by . This book was released on 2018 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sistema de justicia penal acusatorio adversarial en M xico written by José Luis Eloy Morales Brand and published by . This book was released on 2011 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Plea Bargaining and Criminal Justice written by Máximo Langer and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.
Download or read book Juries Lay Judges and Mixed Courts written by Sanja Kutnjak Ivković and published by Cambridge University Press. This book was released on 2021-07-29 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book Estudios sobre el sistema penal adversarial written by and published by . This book was released on 2018 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Adversarial Asymmetry in the Criminal Process written by Daniel Epps and published by . This book was released on 2017 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a common lament that prosecutors in our criminal justice system are too adversarial. This Article argues that in a deeper sense, prosecutors may not be adversarial enough. The issue -- which I call adversarial asymmetry -- is that, as political actors, prosecutors have no inherent desire to seek maximal punishment, at least in any consistent way. While commentators tend to see this as a good thing, adversarial asymmetry helps explain a range of seemingly disparate pathologies in the criminal process. A number of problems -- including the coerciveness of plea bargaining; pretextual prosecution; discriminatory charging practices; the proliferation of overly broad criminal statutes; the difficulty in deterring prosecutorial misconduct; and use of the grand jury as political cover for unpopular decisions -- would not exist, or at least could be more easily solved, in a world where prosecutors were more single mindedly focused on maximizing victory in the criminal process. In fact, a more consistently adversarial system might have surprising advantages over our own, providing more accountability for prosecutors while being more consistent with the rule of law. And while heightened adversarialism unquestionably poses risks, alternative institutional structures could minimize those dangers. Even if actually implementing such a system is unrealistic or unappealing, the proposal has value as a thought experiment, for it exposes deep fault lines in the theoretical foundation of our system of criminal prosecution. Our current approach combines an adversarial process with politically accountable prosecutors -- yet we lack a compelling account of what precise level of adversarialism is optimal or why political accountability is the right tool for producing good behavior from prosecutors. It should thus be unsurprising that our system often works poorly in practice. Absent a better reason to think that our current approach is the only option, we should be more willing to reconsider basic structural arrangements in criminal justice.
Download or read book Sensory Penalities written by Kate Herrity and published by Emerald Group Publishing. This book was released on 2021-02-08 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sensory Penalties aims to reinvigorate a conversation about the role of sensory experience in empirical investigation. It explores the visceral, personal reflections buried within forgotten criminological field notes, to ask what privileging these sensorial experiences does for how we understand and research spaces of punishment and social control.
Download or read book Victims Rights in Flux Criminal Justice Reform in Colombia written by Astrid Liliana Sánchez-Mejía and published by Springer. This book was released on 2017-07-13 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim’s rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims’ rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims’ rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court’s doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims’ rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model—which conceived the criminal process as a competition between prosecution and defense—served to limit victim participation. This study examines how conceptions of victims’ rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims’ rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims’ rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims’ rights in Colombia.
Download or read book Judicial Creativity at the International Criminal Tribunals written by Shane Darcy and published by Oxford University Press. This book was released on 2010-12-16 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated.
Download or read book Comparative Restorative Justice written by Theo Gavrielides and published by Springer Nature. This book was released on 2021-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
Download or read book Controversies in Innocence Cases in America written by Sarah Lucy Cooper and published by Routledge. This book was released on 2016-05-13 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
Download or read book The Architecture of Desistance written by Stephen Farrall and published by Routledge. This book was released on 2019-06-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume of studies into desistance has grown dramatically in recent years. Much of this research has focused on the internal dynamics of desistance such as decision-making, choice and restraint. Bringing together leading figures and drawing upon case studies from around the world, this book seeks to fill a vacuum in the contemporary literature on desistance by considering processes and practices at a societal level that influence how and why people desist from crime. Beginning with an outline of what is known about how social, cultural and economic structures shape desistance from crime, this book proceeds to explore studies of desistance in countries such as the UK, Brazil, France, Israel, Ireland, Sweden and Chile. These studies touch on variations by ethnicity, the nature of the criminal justice system, economic cycles, gender, religious belief systems and the use of time and space. Policy matters relating to desistance such as the rehabilitation and supervision of former offenders are also explored. This book will be invaluable reading to students and scholars of criminology, sociology and social studies engaged in studies of desistance, criminology, criminal justice, victimology, penology and probation.
Download or read book The Role of Courts in Transitional Justice written by Jessica Almqvist and published by Routledge. This book was released on 2013-06-17 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
