Download or read book The Reform of the Dutch Code of Criminal Procedure in Comparative Perspective written by M.S. Groenhuijsen and published by Martinus Nijhoff Publishers. This book was released on 2012-09-28 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking back at the findings of the 'Strafvorderling 2001'-research project, the contributions in this book discuss the question of whether the legislator has succeeded in improving the Dutch system of criminal procedure.
Download or read book The Dutch Criminal Justice System written by P. J. P. Tak and published by . This book was released on 2008 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Resolving Mass Disputes written by Christopher Hodges and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
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 Transitional Justice and the Public Sphere written by Chrisje Brants and published by Bloomsbury Publishing. This book was released on 2017-11-02 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
Download or read book Efficiency and Bureaucratisation of Criminal Justice written by Ed Johnston and published by Taylor & Francis. This book was released on 2023-03-24 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the growing issues concerning the managerialism and bureacratisation of criminal justice systems across a number of jurisdictions. Here, managerialism means the move towards more standardised, bureaucratic and efficiency-driven systems, influenced by a desire to ensure predictability, control risks and, ultimately, economic savings via a more efficient process. The volume explores the phenomenon of managerialism in selected national criminal legal systems, covering all stages of criminal case processing from arrest to the imposition of sanction. The selected countries represent diverse socio-economic, political, cultural and legal traditions including common law, civil law, mixed common and civil law and post-Soviet tradition. The book engages with a variety of relevant theoretical concepts, such as fairness, rationality, efficiency and legitimacy. The authors critically examine whether and to what extent the trend towards managerialism is indeed discernible, and what are its likely effects in the given national criminal legal systems. The book will be of interest to students, researchers and practitioners working in the areas of comparative criminal justice and procedure.
Download or read book Roma Tre Law Review written by and published by Roma TrE-Press. This book was released on with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law.
Download or read book The Future of Police and Judicial Cooperation in the EU written by Cyrille J.C.F. Fijnaut and published by BRILL. This book was released on 2009-11-23 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.
Download or read book Support for Crime Victims in a Comparative Perspective written by Ezzat A. Fattah and published by Leuven University Press. This book was released on 1998 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays dedicated to the memory of Prof. Frederic McClintock.
Download or read book The Development of the Criminal Law of Evidence in the Netherlands France and Germany between 1750 and 1870 written by Ronnie Bloemberg and published by BRILL. This book was released on 2020-05-25 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.
Download or read book Criminology and Criminal Justice Systems of the World written by Peter O. Nwankwo and published by Trafford Publishing. This book was released on 2011 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Peter Nwankwo argues based on this textbook volume I, that the world has been turned into a global village, and that we have no reason(s) to ignore the awareness of what is going on in other countries of the world. This textbook "Criminology and criminal Justice System of the world: A comparative perspective" is a unique text, not because of its title, but because it contains what will ever be needed for the undergraduate and graduate students in the field of Criminology and Criminal Justice, especially those taking a course in Comparative Criminal Justice. The text is prodigious and profusely descriptive, explored, and explained by researching the police, the court systems, corrections or prisons, including Juvenile Justice Systems and Crime Statistics in the following countries: United States of America, china, Saudi Arabia, Japan, The Netherlands, Bulgaria, Haiti, Botswana, Philippines, Uganda, and Israel. It is worthy to note that the United States of America had too much information, so it was necessary to split it into two chapters i.e. chapter one, and chapter two. Additionally, The Netherlands was also split into two chapters thus: Chapters 6 & 7: The overall Chapters in this Volume I are thirteen. VOLUME II Volume two of this text contains twenty four chapters and over 24 countries were researched and included as follows, and will be published in a few in a few months .The countries are: Nigeria, Norway, Northern Ireland, England and Wales, Estonia, Ethiopia, Egypt, South America, Mauritania, Jamaica, Iraq, Dominican Republic, Turkey, South Africa, Russia, Kenya, Romania, Congo, Germany, France, Cameroon, Ghana and Denmark. No matter the adversities of the readers and purchasers, I do strongly advice that you order these two volumes together, when the later would be available on the internet or through the publishers.
Download or read book Powers of the Prosecutor in Criminal Investigation written by Karolina Kremens and published by Routledge. This book was released on 2021-03-26 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Download or read book Effective Criminal Defence in Europe written by Ed Cape and published by Intersentia NV. This book was released on 2010 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a
Download or read book Sentencing Reform in Overcrowded Times written by Michael Tonry and published by Oxford University Press. This book was released on 1997-04-24 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing and corrections issues are much the same in every Western nation. Increasingly, countries are importing policies and practices that have succeeded elsewhere. In that spirit, this volume brings together articles on sentencing reform in the United States, other English-speaking countries, and Western Europe, all written by leading national and international authorities on sentencing and punishment policy, practices, and institutions. Timely and readable, many of these essays provide brief yet detailed sentencing policy histories for countries and states. Others offer concise overviews of research on racial disparities, public opinion, and evaluation of the effects of new policies. Together, they illustrate the radical, precipitate, and hyperpoliticized nature of American sentencing reform in the last twenty-five years. Sentencing Reform in Overcrowded Times: A Comparative Perspective fills a major gap in the academic and policy literatures on this subject, and will be essential reading for students, scholars, and practitioners.
Download or read book Compensation for Wrongful Convictions written by Wojciech Jasiński and published by Taylor & Francis. This book was released on 2023-03-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.
Download or read book General Defences in Criminal Law written by Alan Reed and published by Routledge. This book was released on 2016-04-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Download or read book Administrative Justice in Wales and Comparative Perspectives written by Sarah Nason and published by University of Wales Press. This book was released on 2017-09-15 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.
