Comparative Executive Clemency

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Comparative Executive Clemency

Andrew Novak
Comparative Executive Clemency Book PDF

Author : Andrew Novak
Publisher : Routledge
Page : 218 pages
File Size : 44,9 Mb
Release : 2015-08-20
Category : Law
ISBN : 9781317602651

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Comparative Executive Clemency by Andrew Novak Pdf

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

Executive Clemency

Daniel Pascoe,Andrew Novak
Executive Clemency Book PDF

Author : Daniel Pascoe,Andrew Novak
Publisher : Routledge
Page : 232 pages
File Size : 53,8 Mb
Release : 2020-07-30
Category : Law
ISBN : 9781000082258

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Executive Clemency by Daniel Pascoe,Andrew Novak Pdf

Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.

Comparative Capital Punishment

Carol S. Steiker,Jordan M. Steiker
Comparative Capital Punishment Book PDF

Author : Carol S. Steiker,Jordan M. Steiker
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 51,7 Mb
Release : 2019
Category : Law
ISBN : 9781786433251

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Comparative Capital Punishment by Carol S. Steiker,Jordan M. Steiker Pdf

Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.

The Presidential Pardon Power

Jeffrey Crouch
The Presidential Pardon Power Book PDF

Author : Jeffrey Crouch
Publisher : University Press of Kansas
Page : 216 pages
File Size : 49,8 Mb
Release : 2009-05-26
Category : Political Science
ISBN : 9780700616466

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The Presidential Pardon Power by Jeffrey Crouch Pdf

Until President Gerald Ford pardoned former president Richard Nixon for the Watergate scandal, most members of the public probably paid little attention to the president's use of the clemency power. Ford's highly controversial pardon of Nixon, however, ignited such a firestorm of protest that, fairly or unfairly, it may have cost him the presidency in 1976. Ever since, presidential pardons have been the subject of increased scrutiny and the focus of news media with a voracious appetite for scandal. This first book-length treatment of presidential pardons in twenty years updates the clemency controversy to consider its more recent uses-or misuses. Blending history, law, and politics into a seamless narrative, Jeffrey Crouch provides a close look at the application and scrutiny of this power. His book is a virtual primer on the subject, covering all facets from its background in English law to current applications. Crouch considers the framers' vision of how clemency would fit into the separation of powers as an "act of grace" or a check on injustice, then explains how the president and Congress have struggled for supremacy over the pardon power, with the Supreme Court generally deferring to the executive branch's desire for its broadest possible application. Before the modern era, presidents rarely interfered in the justice system to protect aides from prosecution, and Crouch examines some of the more controversial pardons in our history, from the Whiskey rebels to Jimmy Hoffa. In the wake of Watergate, he shows, the use of presidential pardons has become more controversial. Crouch assesses whether independent counsel investigations and special prosecutors have prompted the executive to use the pardon as a weapon in interbranch political warfare. He argues that the clemency power has been misused by recent presidents, who have used it to protect themselves or their subordinates, or to reward supporters. And although he concedes that Ford's pardon of Nixon reflected the framers' concerns about preserving government in a time of crisis, he argues that more recent cases involving the Iran-Contra conspirators, commodities trader Marc Rich, and vice-presidential chief-of-staff "Scooter" Libby have demonstrated a disturbing misapplication of power. In fleshing out these misuses of clemency, Crouch weighs the pros and cons of proposed amendments to the pardon power, one of the few powers that are virtually unlimited in the Constitution. The Presidential Pardon Power takes up a key issue in debates over the imperial presidency and urges that public and scholars alike pay closer attention to a dangerous trend.

Last Chance for Life

Daniel Pascoe
Last Chance for Life Book PDF

Author : Daniel Pascoe
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 55,9 Mb
Release : 2019-03-19
Category : Capital punishment
ISBN : 9780198809715

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Last Chance for Life by Daniel Pascoe Pdf

An analysis of the differences in clemency practice among the Southeast Asian jurisdictions in an inductive search for patterns that explain why some countries in the region make use of clemency far more often than do others.

Executive Power

Robert Hazell,Timothy Foot
Executive Power Book PDF

Author : Robert Hazell,Timothy Foot
Publisher : Bloomsbury Publishing
Page : 345 pages
File Size : 55,7 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781509951468

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Executive Power by Robert Hazell,Timothy Foot Pdf

This book considers the function of the royal prerogative in the changing landscape of the British constitution. It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large. The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills. In their 2019 election manifesto, the Conservative Party stated that 'After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative...'. The book covers the whole range of prerogative powers, from going to war and ratifying treaties, appointing and dismissing ministers, regulating the civil service and public appointments, to the grant of honours and pardons and the issue of passports. Its 19 chapters provide a comprehensive guide to the operation of the prerogative – past, present, and future – together with suggestions for reform.

Discretionary Justice

Carolyn Strange
Discretionary Justice Book PDF

Author : Carolyn Strange
Publisher : NYU Press
Page : 336 pages
File Size : 48,6 Mb
Release : 2016-12-20
Category : Law
ISBN : 9781479810901

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Discretionary Justice by Carolyn Strange Pdf

The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.

Life Imprisonment in Asia

Dirk van Zyl Smit,Catherine Appleton,Giao Vucong
Life Imprisonment in Asia Book PDF

Author : Dirk van Zyl Smit,Catherine Appleton,Giao Vucong
Publisher : Springer Nature
Page : 366 pages
File Size : 52,9 Mb
Release : 2022-11-30
Category : Social Science
ISBN : 9789811946646

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Life Imprisonment in Asia by Dirk van Zyl Smit,Catherine Appleton,Giao Vucong Pdf

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.

Confronting Penal Excess

David Hayes
Confronting Penal Excess Book PDF

Author : David Hayes
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 42,8 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509917990

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Confronting Penal Excess by David Hayes Pdf

This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions. It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society. Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.

Changing Contours of Criminal Justice

Mary Bosworth,Carolyn Hoyle,Lucia Zedner
Changing Contours of Criminal Justice Book PDF

Author : Mary Bosworth,Carolyn Hoyle,Lucia Zedner
Publisher : Oxford University Press
Page : 384 pages
File Size : 50,6 Mb
Release : 2016-11-17
Category : Social Science
ISBN : 9780191092831

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Changing Contours of Criminal Justice by Mary Bosworth,Carolyn Hoyle,Lucia Zedner Pdf

Celebrating the 50th Anniversary of the Oxford Centre for Criminology, this edited collection of essays seeks to explore the changing contours of criminal justice over the past half century and to consider possible shifts over the next few decades. The question of how social science disciplines develop and change does not invite any easy answer, with the task made all the more difficult given the highly politicised nature of some subjects and the volatile, evolving status of its institutions and practices. A case in point is criminal justice: at once fairly parochial, much criminal justice scholarship is now global in its reach and subject areas that are now accepted as central to its study - victims, restorative justice, security, privatization, terrorism, citizenship and migration (to name just a few) - were topics unknown to the discipline half a century ago. Indeed, most criminologists would have once stoutly denied that they had anything to do with it. Likewise, some central topics of past criminological attention, like probation, have largely receded from academic attention and some central criminal justice institutions, like Borstal and corporal punishment, have, at least in Europe, been abolished. Although the rapidity and radical nature of this change make it quite impossible to predict what criminal justice will look like in fifty years' time, reflection on such developments may assist in understanding how it arrived at its current form and hint at what the future holds. The contributors to this volume have been invited to reflect on the impact Oxford criminology has had on the discipline, providing a unique and critical discussion about the current state of criminal justice around the world and the origins and future implications of contemporary practice. All are leading internationally-renowned criminologists whose work has defined and often re-defined our understanding of criminal justice policy and literature.

After Nuremberg

Robert Hutchinson
After Nuremberg Book PDF

Author : Robert Hutchinson
Publisher : Yale University Press
Page : 353 pages
File Size : 55,7 Mb
Release : 2022-10-25
Category : History
ISBN : 9780300255300

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After Nuremberg by Robert Hutchinson Pdf

How the American High Commissioner for Germany set in motion a process that resulted in every non-death-row-inmate walking free after the Nuremberg trials After Nuremberg is about the fleeting nature of American punishment for German war criminals convicted at the twelve Nuremberg trials of 1946-1949. Because of repeated American grants of clemency and parole, ninety-seven of the 142 Germans convicted at the Nuremberg trials, many of them major offenders, regained their freedom years, sometimes decades, ahead of schedule. High-ranking Nazi plunderers, kidnappers, slave laborers, and mass murderers all walked free by 1958. High Commissioner for Occupied Germany John J. McCloy and his successors articulated a vision of impartial American justice as inspiring and legitimizing their actions, as they concluded that German war criminals were entitled to all the remedies American laws offered to better their conditions and reduce their sentences. Based on extensive archival research (including newly declassified material), this book explains how American policy makers' best intentions resulted in a series of decisions from 1949-1958 that produced a self-perpetuating bureaucracy of clemency and parole that "rehabilitated" unrepentant German abettors and perpetrators of theft, slavery, and murder while lending salience to the most reactionary elements in West German political discourse.

Mass Pardons in America

Graham Dodds
Mass Pardons in America Book PDF

Author : Graham Dodds
Publisher : Columbia University Press
Page : 182 pages
File Size : 42,5 Mb
Release : 2021-08-10
Category : Political Science
ISBN : 9780231553780

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Mass Pardons in America by Graham Dodds Pdf

Again and again in the nation’s history, presidents of the United States have faced the dramatic challenge of domestic insurrection and sought ways to reconcile with the rebels afterward. This book is the first comprehensive study of how presidential mass pardons have helped put such conflicts to rest. Graham G. Dodds examines when and why presidents have issued mass pardons and amnesties to deal with domestic rebellion and attempt to reunite the country. He analyzes how presidents have used both deeds and words—proclamations of mass pardons and persuasive rhetoric—in order to foster political reconciliation. The book features in-depth case studies of the key instances of mass pardons in U.S. history, beginning with George Washington’s and John Adams’s pardoning participants in armed insurrections in Pennsylvania in the 1790s. In the nineteenth century, James Buchanan, Benjamin Harrison, and Grover Cleveland issued pardons to Mormon insurrectionists and polygamists, and Abraham Lincoln and Andrew Johnson pardoned Confederates both during and after the Civil War. Most recently, Dodds considers Gerald Ford’s clemency and Jimmy Carter’s amnesty of Vietnam War resisters. Beyond exploring these events, Mass Pardons in America offers new perspectives on the president’s pardon power, unilateral presidential actions, and presidential rhetoric more broadly. Its implications span fields including political history, presidential studies, and legal history.

Corruption and Constitutionalism in Africa

Charles M. Fombad,Nico Steytler
Corruption and Constitutionalism in Africa Book PDF

Author : Charles M. Fombad,Nico Steytler
Publisher : Oxford University Press
Page : 560 pages
File Size : 44,6 Mb
Release : 2020-03-12
Category : Law
ISBN : 9780192597687

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Corruption and Constitutionalism in Africa by Charles M. Fombad,Nico Steytler Pdf

This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.

Handbook on Moving Corrections and Sentencing Forward

Pamela K. Lattimore,Beth M. Huebner,Faye S. Taxman
Handbook on Moving Corrections and Sentencing Forward Book PDF

Author : Pamela K. Lattimore,Beth M. Huebner,Faye S. Taxman
Publisher : Routledge
Page : 522 pages
File Size : 53,7 Mb
Release : 2020-11-10
Category : Psychology
ISBN : 9781000204834

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Handbook on Moving Corrections and Sentencing Forward by Pamela K. Lattimore,Beth M. Huebner,Faye S. Taxman Pdf

This volume addresses major issues and research in corrections and sentencing with the goal of using previous research and findings as a platform for recommendations about future research, evaluation, and policy. The last several decades witnessed major policy changes in sentencing and corrections in the United States, as well as considerable research to identify the most effective strategies for addressing criminal behavior. These efforts included changes in sentencing that eliminated parole and imposed draconian sentences for violent and drug crimes. The federal government, followed by most states, implemented sentencing guidelines that greatly reduced the discretion of the courts to impose sentences. The results were a multifold increase in the numbers of individuals in jails and prisons and on community supervision—increases that have only recently crested. There were also efforts to engage prosecutors and the courts in diversion and oversight, including the development of prosecutorial diversion programs, as well as a variety of specialty courts. Penal reform has included efforts to understand the transitions from prison to the community, including federal-led efforts focused on reentry programming. Community corrections reforms have ranged from increased surveillance through drug testing, electronic monitoring, and in some cases, judicial oversight, to rehabilitative efforts driven by risk and needs assessment. More recently, the focus has included pretrial reform to reduce the number of people held in jail pending trial, efforts that have brought attention to the use of bail and its disproportionate impact on people of color and the poor. This collection of chapters from leading researchers addresses a wide array of the latest research in the field. A unique approach featuring responses to the original essays by active researchers spurs discussion and provides a foundation for developing directions for future research and policymaking.

Amnesty, Serious Crimes and International Law

Josepha Close
Amnesty Serious Crimes and International Law Book PDF

Author : Josepha Close
Publisher : Routledge
Page : 293 pages
File Size : 54,6 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781351180214

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Amnesty, Serious Crimes and International Law by Josepha Close Pdf

Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.