Human Rights And The Criminal Justice System

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Human Rights and the Criminal Justice System

Author : Anthony Amatrudo,Leslie William Blake
Publisher : Routledge
Page : 182 pages
File Size : 47,9 Mb
Release : 2014-09-15
Category : Law
ISBN : 9781135145439

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Human Rights and the Criminal Justice System by Anthony Amatrudo,Leslie William Blake Pdf

We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.

Human Rights and Criminal Justice

Author : Ben Emmerson,Andrew Ashworth,Alison Macdonald,Mark A. Summers
Publisher : Sweet & Maxwell
Page : 1133 pages
File Size : 41,9 Mb
Release : 2012
Category : Law
ISBN : 9781847039118

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Human Rights and Criminal Justice by Ben Emmerson,Andrew Ashworth,Alison Macdonald,Mark A. Summers Pdf

A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.

Crime and Human Rights

Author : Stephen Parmentier,Elmar G. M. Weitekamp
Publisher : Elsevier
Page : 128 pages
File Size : 54,8 Mb
Release : 2007-10-10
Category : Law
ISBN : 9780762313068

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Crime and Human Rights by Stephen Parmentier,Elmar G. M. Weitekamp Pdf

The first part of this book looks at several types of crimes, old and new, from the angle of human rights and human rights violations. The second part sketches the influence of the human rights paradigm on the criminal justice system in North America and Europe. The last part addresses issues relating to crime and human rights.

Beyond Virtue and Vice

Author : Alice M. Miller,Mindy Jane Roseman
Publisher : University of Pennsylvania Press
Page : 360 pages
File Size : 42,5 Mb
Release : 2019-02-08
Category : Political Science
ISBN : 9780812295757

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Beyond Virtue and Vice by Alice M. Miller,Mindy Jane Roseman Pdf

Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.

Human Trafficking and Modern Slavery Law and Practice

Author : Philippa Southwell,Michelle Brewer,Ben Douglas-Jones KC
Publisher : Bloomsbury Publishing
Page : 739 pages
File Size : 43,8 Mb
Release : 2020-11-11
Category : Law
ISBN : 9781526514806

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Human Trafficking and Modern Slavery Law and Practice by Philippa Southwell,Michelle Brewer,Ben Douglas-Jones KC Pdf

Recommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence” "Rarely can the talent of so many practitioners be accessed in one convenient resource." Crimeline Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking Directive This highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.

Justice for Victims of Crime

Author : Albin Dearing
Publisher : Springer
Page : 398 pages
File Size : 51,8 Mb
Release : 2017-02-06
Category : Law
ISBN : 9783319450483

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Justice for Victims of Crime by Albin Dearing Pdf

This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.

Victims' Rights, Human Rights and Criminal Justice

Author : Jonathan Doak
Publisher : Bloomsbury Publishing
Page : 340 pages
File Size : 43,8 Mb
Release : 2008-04-29
Category : Law
ISBN : 9781847314246

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Victims' Rights, Human Rights and Criminal Justice by Jonathan Doak Pdf

In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.

Criminal Legalities in the Global South

Author : Pablo Ciocchini,George Radics
Publisher : Routledge
Page : 211 pages
File Size : 52,8 Mb
Release : 2019-08-22
Category : Law
ISBN : 9780429861680

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Criminal Legalities in the Global South by Pablo Ciocchini,George Radics Pdf

This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.

The Drugs Offences Handbook

Author : Tim Moloney KC,Steven Bird,Tom Stevens,Harriet Johnson,Abigail Bright,Paul Mason
Publisher : Bloomsbury Publishing
Page : 415 pages
File Size : 43,7 Mb
Release : 2018-02-02
Category : Law
ISBN : 9781784511609

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The Drugs Offences Handbook by Tim Moloney KC,Steven Bird,Tom Stevens,Harriet Johnson,Abigail Bright,Paul Mason Pdf

The Drugs Offences Handbook provides a comprehensive, focused and concise analysis of the often complex evidential and litigation issues that relate to drugs cases. The law relating to drugs has the broadest span of any specialist area within crime. Evidentially it includes the forensic examination of drugs themselves and evidence linking individuals to drugs, as well as cell site analysis, interrogation of computers and mobile telephones, police powers of search, and the utilisation of police 'expert' witnesses. From a litigation perspective, drugs cases (together with financial crime) make up the vast majority of cases giving rise to money laundering and proceeds of crime issues. In complex supply and importation cases, the financial aspect frequently arises within the evidence as well. Laid out in three broad sections covering Offences, Evidence and Post-conviction, The Drugs Offences Handbook provides expert guidance on key areas such as: - Manufacture and cultivation - Importation - Possession and supply - Police powers of search and seizure - Sentencing and confiscation With reference to all relevant legislation including the Psychoactive Substances Act 2016, the Drugs Act 2005, the Proceeds of Crime Act 2002 as well as analysis of leading cases such as R v Hussain (Shabbir), R v Green and R v Wright, The Drugs Offences Handbook is an essential resource for criminal law practitioners as well as professionals such as drugs agencies, counselling agencies and expert witnesses. Tim Moloney QC, Tom Stevens, Paul Mason, Abigail Bright and Harriet Johnson are all members of Doughty Street Chambers. Steven Bird is the founder and director of Birds Solicitors. The Criminal Practice Series is a series of practical court-style guides covering a number of discrete, specialist areas. They assist users to identify cases, rules and regulations relevant to the specific topic quickly and easily. For more information please visit www.bloomsburyprofessional.com/criminal

Women, Punishment and Social Justice

Author : Margaret Malloch,Gill McIvor
Publisher : Routledge
Page : 234 pages
File Size : 51,7 Mb
Release : 2013-02-15
Category : Social Science
ISBN : 9781136193705

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Women, Punishment and Social Justice by Margaret Malloch,Gill McIvor Pdf

The prison has often been the focus for concerns about human rights violations, and campaigns aimed at achieving social justice, for those with an interest in the criminalisation of women. To reduce the number of women imprisoned, a range of policy initiatives have been developed to increase the use of community-based responses to women in conflict with the law. These initiatives have tended to operate alongside reforms to the prison estate and are often defined as ‘community punishment’, ‘community sanctions’ and ‘alternatives to imprisonment’. This book challenges the contention that improved regimes and provisions within the criminal justice system are capable of addressing human rights concerns and the needs of the criminalised woman. This book aims to provide a critical analysis of approaches and experiences of penal sanctions, human rights and social justice as enacted in different jurisdictions within and beyond the UK. Drawing on international knowledge and expertise, the contributors to this book challenge the efficacy of gender-responsive interventions by examining issues affecting women in the criminal justice system such as mental health, age, and ethnicity. Crucially, the book will engage with the paradox of implementing rights within a largely punishment-orientated system. This book will be of interest to those taking undergraduate and post-graduate courses that examine punishment, gender and justice, and which lend themselves to an international / comparative aspect such as criminal justice/criminology, (international) criminal justice courses; sociology as well as professional training for practitioners (criminal justice, social work, health) who work with women in the criminal justice system.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

Author : Juan Carlos Ochoa S.
Publisher : Martinus Nijhoff Publishers
Page : 333 pages
File Size : 44,9 Mb
Release : 2013-02-05
Category : Law
ISBN : 9789004212169

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The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations by Juan Carlos Ochoa S. Pdf

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.

Criminal Law and Human Rights

Author : P. H. P H. M C. van Kempen,Piet Hein P. H. M. C. Kempen
Publisher : Routledge
Page : 0 pages
File Size : 46,6 Mb
Release : 2014
Category : Criminal law
ISBN : 1409460983

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Criminal Law and Human Rights by P. H. P H. M C. van Kempen,Piet Hein P. H. M. C. Kempen Pdf

The essays selected for this volume discuss the meaning and rationale of fundamental individual rights to substantive criminal law, criminal procedure law and sentencing law. The essays have been chosen for their high quality, timeless approach and general attention to issues that are of universal interest and thus not too closely related to the technicalities of a specific criminal justice system, and offer a general overview as well as an in-depth examination of criminal law and human rights.

The Criminal Process and Human Rights

Author : Mark A. Summers,Mireille Delmas-Marty
Publisher : BRILL
Page : 221 pages
File Size : 43,7 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004632448

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The Criminal Process and Human Rights by Mark A. Summers,Mireille Delmas-Marty Pdf

The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Université de Paris I - Panthéon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)

Human Rights of Accused Under Criminal Justice System

Author : Mujibur Rehman
Publisher : Independent Aurthor
Page : 0 pages
File Size : 43,7 Mb
Release : 2023-05-16
Category : Political Science
ISBN : 1805299905

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Human Rights of Accused Under Criminal Justice System by Mujibur Rehman Pdf

Of late, it has become a fashion to talk of rights, rights and only rights by every strata of human thinking. But there is a need to peruse much deep into and beyond the labyrinth of rights. Therefore, in a welter of rights, the rights of an accused form a kernel of entire human rights discourse at the infancial beginning of 21st century. Rights of the accused and transgression thereof are pervading all the geo-political entity jurisdiction ever since the inception of human habitation on this beautiful planet. No doubt there have been certain jurisdictions wherein the rights of accused have been preserved, promoted and protected. All the revealed regimes and divine discourses have been utopian, unanimous and united on the basic rights of an accused. As early as in 1215, Magna Carta under Section 37 had provided a brolly of protection of an accused regarding his rights and against any arbitrary arrest, detention and confinement contrary to the procedure established by law. The expression 'Human Rights' denotes all those rights, which are inherent in our nature without which we cannot live as human beings. Among all species of human rights, right to life receives precedence and is a sine qua non for the enjoyment of other rights - which only supplements and extends the complete meaning and content to the right to life. In the event of any invasion to this right, other rights-which are subsidiary to this right becomes meaningless, since the entire edifice of human rights jurisprudence is raised on the bedrock of right to life. Human rights are neither privileges nor gifts given at the whim of a ruler or a government. Neither can they be taken away by any arbitrary power. They cannot be denied nor can they be forfeited because an individual has committed an offence or broken any law. If we look at the concept of human rights from the Indian point of view we find that the concept of human rights is not alien to the Indian Political thinkers and philosophers. They have expressed concern to secure human rights and fundamental freedoms for all human beings everywhere since the very early times of Vedic age. The Indian philosophy characterizes the foundation of Human rights in ancient conception of Dharma and Danda which regulated the governance of State and its citizens.

Human Rights and Victimology

Author : V. V. Devasia
Publisher : Unknown
Page : 264 pages
File Size : 51,9 Mb
Release : 1998
Category : Human rights
ISBN : UOM:39015043633836

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Human Rights and Victimology by V. V. Devasia Pdf

With reference to India.