Participation In Crime

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Participation in Crime

Alan Reed,Michael Bohlander
Participation in Crime Book PDF

Author : Alan Reed,Michael Bohlander
Publisher : Routledge
Page : 736 pages
File Size : 47,9 Mb
Release : 2016-05-13
Category : Social Science
ISBN : 9781317084006

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Participation in Crime by Alan Reed,Michael Bohlander Pdf

Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.

Core Concepts in Criminal Law and Criminal Justice

Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Core Concepts in Criminal Law and Criminal Justice Book PDF

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 41,9 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Defendant Participation in the Criminal Process

Abenaa Owusu- Bempah
Defendant Participation in the Criminal Process Book PDF

Author : Abenaa Owusu- Bempah
Publisher : Taylor & Francis
Page : 200 pages
File Size : 54,6 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317664697

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Defendant Participation in the Criminal Process by Abenaa Owusu- Bempah Pdf

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

International Criminal Law

Douglas Guilfoyle
International Criminal Law Book PDF

Author : Douglas Guilfoyle
Publisher : Oxford University Press
Page : 467 pages
File Size : 55,7 Mb
Release : 2016
Category : International crimes
ISBN : 9780198728962

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International Criminal Law by Douglas Guilfoyle Pdf

This volume clearly sets out the international criminal law framework, featuring tools to consider and assess the current status of the law and encourage critical analysis of the latest debates affecting the subject area.

Actus Reus and Participation in European Criminal Law

Johannes Keiler
Actus Reus and Participation in European Criminal Law Book PDF

Author : Johannes Keiler
Publisher : Unknown
Page : 0 pages
File Size : 46,6 Mb
Release : 2013
Category : Criminal law
ISBN : 1780681356

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Actus Reus and Participation in European Criminal Law by Johannes Keiler Pdf

With the coming into force of the Treaty of Lisbon, the competences of the European Union in the realm of criminal law have greatly expanded. The EU, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. However, the criminal law legislation of the EU has, so far, almost exclusively focused on specific criminal offenses and has failed to develop and define general principles of criminal law. The EU frequently refers to conduct, attempt, and participation in its legislation, but fails to determine what these concepts should denote. As a result, the scope of European criminal law may differ among European countries as Member States will apply their national doctrines to European legislation. This book steps into this lacuna by establishing what actus reus and rules on participation should look like in European criminal law. In addition, it investigates inchoate offenses and corporate criminal liability. How should the doctrines of conduct, omission, and causation be defined? How to attribute liability in case several people cooperate to bring about a criminal result? What should preparing and attempting a crime denote in European criminal law and how can corporations best be held responsible for the harm they have caused? To answer these questions, this book distills common general principles on actus reus, participation, inchoate and corporate liability from the national criminal justice systems of the Member States, as well as from EU law. These results are subsequently merged into coherent principles of European criminal law. The author, Dr. Johannes Keiler, was awarded the prestigious criminal law Modderman Prize for this book in 2014. (Series: School of Human Rights Research - Vol. 60)

Reinterpreting Criminal Complicity and Inchoate Participation Offences

Dennis J. Baker
Reinterpreting Criminal Complicity and Inchoate Participation Offences Book PDF

Author : Dennis J. Baker
Publisher : Routledge
Page : 337 pages
File Size : 51,7 Mb
Release : 2016-05-26
Category : Law
ISBN : 9781317198871

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Reinterpreting Criminal Complicity and Inchoate Participation Offences by Dennis J. Baker Pdf

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

The African Court of Justice and Human and Peoples' Rights in Context

Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
The African Court of Justice and Human and Peoples Rights in Context Book PDF

Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 55,7 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734

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The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Participation in Crime

Alan Reed,Michael Bohlander
Participation in Crime Book PDF

Author : Alan Reed,Michael Bohlander
Publisher : Routledge
Page : 512 pages
File Size : 46,6 Mb
Release : 2016-05-13
Category : Social Science
ISBN : 9781317084013

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Participation in Crime by Alan Reed,Michael Bohlander Pdf

Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.

A Theory of Punishable Participation in Universal Crimes

Terje Einarsen,Joseph Rikhof
A Theory of Punishable Participation in Universal Crimes Book PDF

Author : Terje Einarsen,Joseph Rikhof
Publisher : Torkel Opsahl Academic EPublisher
Page : 744 pages
File Size : 44,9 Mb
Release : 2018-12-07
Category : Law
ISBN : 9788283481280

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A Theory of Punishable Participation in Universal Crimes by Terje Einarsen,Joseph Rikhof Pdf

This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Victim Participation Rights

Kerstin Braun
Victim Participation Rights Book PDF

Author : Kerstin Braun
Publisher : Springer
Page : 309 pages
File Size : 50,9 Mb
Release : 2019-02-14
Category : Social Science
ISBN : 9783030045463

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Victim Participation Rights by Kerstin Braun Pdf

This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.

Modes of Liability in International Criminal Law

Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev
Modes of Liability in International Criminal Law Book PDF

Author : Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,6 Mb
Release : 2019-07-11
Category : Law
ISBN : 1108492177

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Modes of Liability in International Criminal Law by Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev Pdf

Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Young People, Welfare and Crime

Ross Fergusson
Young People Welfare and Crime Book PDF

Author : Ross Fergusson
Publisher : Policy Press
Page : 300 pages
File Size : 50,6 Mb
Release : 2017-06-30
Category : Family & Relationships
ISBN : 9781447307020

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Young People, Welfare and Crime by Ross Fergusson Pdf

Offers a challenging interpretation of the ways in which young people’s non-participation is becoming marginalised and criminalised. It re-examines the causes and consequences of youth unemployment in and beyond the UK from an unusually wide range of social science disciplines and perspectives.

The Concept of Universal Crimes in International Law

Terje Einarsen
The Concept of Universal Crimes in International Law Book PDF

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 48,5 Mb
Release : 2012-08-15
Category : Law
ISBN : 9788293081333

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The Concept of Universal Crimes in International Law by Terje Einarsen Pdf

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

Victims of International Crimes: An Interdisciplinary Discourse

Thorsten Bonacker,Christoph Safferling
Victims of International Crimes An Interdisciplinary Discourse Book PDF

Author : Thorsten Bonacker,Christoph Safferling
Publisher : Springer Science & Business Media
Page : 399 pages
File Size : 41,7 Mb
Release : 2013-07-09
Category : Law
ISBN : 9789067049122

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Victims of International Crimes: An Interdisciplinary Discourse by Thorsten Bonacker,Christoph Safferling Pdf

In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Crime, Shame and Reintegration

John Braithwaite
Crime Shame and Reintegration Book PDF

Author : John Braithwaite
Publisher : Cambridge University Press
Page : 242 pages
File Size : 41,6 Mb
Release : 1989-03-23
Category : Biography & Autobiography
ISBN : 0521356687

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Crime, Shame and Reintegration by John Braithwaite Pdf

Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.