The Disappearance Of Criminal Law

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The Disappearance of Criminal Law

Richard Jochelson,Kirsten Johnson Kramar,Mark Doerksen
The Disappearance of Criminal Law Book PDF

Author : Richard Jochelson,Kirsten Johnson Kramar,Mark Doerksen
Publisher : Unknown
Page : 124 pages
File Size : 49,6 Mb
Release : 2014
Category : Law
ISBN : 1552666840

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The Disappearance of Criminal Law by Richard Jochelson,Kirsten Johnson Kramar,Mark Doerksen Pdf

In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.

Criminal Law and Precrime

Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen
Criminal Law and Precrime Book PDF

Author : Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen
Publisher : Routledge
Page : 127 pages
File Size : 47,5 Mb
Release : 2017-07-06
Category : Social Science
ISBN : 9781351678636

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Criminal Law and Precrime by Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen Pdf

In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.

Rethinking Criminal Law

George P. Fletcher
Rethinking Criminal Law Book PDF

Author : George P. Fletcher
Publisher : Oxford University Press
Page : 926 pages
File Size : 46,7 Mb
Release : 2000-06-29
Category : Law
ISBN : 9780199881307

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Rethinking Criminal Law by George P. Fletcher Pdf

This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.

International Criminal Law

Roger O'Keefe
International Criminal Law Book PDF

Author : Roger O'Keefe
Publisher : OUP Oxford
Page : 560 pages
File Size : 42,6 Mb
Release : 2015-06-04
Category : Law
ISBN : 9780191002984

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International Criminal Law by Roger O'Keefe Pdf

International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.

Crime, Criminal Law and Criminal Justice in Europe

Hans-Jörg Albrecht,André Klip
Crime Criminal Law and Criminal Justice in Europe Book PDF

Author : Hans-Jörg Albrecht,André Klip
Publisher : Martinus Nijhoff Publishers
Page : 691 pages
File Size : 47,9 Mb
Release : 2013-02-06
Category : Law
ISBN : 9789004250789

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Crime, Criminal Law and Criminal Justice in Europe by Hans-Jörg Albrecht,André Klip Pdf

This unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavia; the allocation of criminal law power in the European Union; police cooperation in the border areas of the Member States; the criminalization of white collar crime; the establishment of European police services and of a European Public Prosecutor’s Office; new forms of criminal justice cooperation between the Member States; and many others. The journal's unique multidisciplinary approach and its commitment to offer insights from a wide variety of European countries and language areas ensure that a varied range of perspectives are offered on the topics discussed. The result is an enlightening and highly readable anthology, shedding light on the extraordinary developments that have taken place in the area of crime and punishment in Europe.

International Law of Victims

Carlos Fernández de Casadevante Romani
International Law of Victims Book PDF

Author : Carlos Fernández de Casadevante Romani
Publisher : Springer Science & Business Media
Page : 279 pages
File Size : 46,6 Mb
Release : 2012-07-11
Category : Law
ISBN : 9783642281402

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International Law of Victims by Carlos Fernández de Casadevante Romani Pdf

After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.

International Criminal Law

Roger O'Keefe
International Criminal Law Book PDF

Author : Roger O'Keefe
Publisher : OUP Oxford
Page : 560 pages
File Size : 45,6 Mb
Release : 2015-06-04
Category : Law
ISBN : 9780191002977

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International Criminal Law by Roger O'Keefe Pdf

International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.

Sex and the Supreme Court

Richard Jochelson,Kirsten Johnson Kramar
Sex and the Supreme Court Book PDF

Author : Richard Jochelson,Kirsten Johnson Kramar
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2011
Category : Obscenity (Aesthetics)
ISBN : 1552664155

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Sex and the Supreme Court by Richard Jochelson,Kirsten Johnson Kramar Pdf

Canadian laws pertaining to pornography and bawdy houses were first developed during the Victorian era, when "non-normative" sexualities were understood as a corruption of conservative morals and harmful to society as a whole. Tracing the socio-legal history of contemporary obscenity and indecency laws, Kramar and Jochelson contend that the law continues to function to protect society from harm. Today, rather than seeing harm to conservative values, the court sees harm to liberal political values. While reforms have been made, especially in light of feminist and queer challenges, Kramar and Jochelson use Foucault's governmentality framework to show that the liberal harm strategy for governing obscenity and indecency continues to disguise power. Click here to download the Bedford Addendum.

Making the Modern Criminal Law

Lindsay Farmer
Making the Modern Criminal Law Book PDF

Author : Lindsay Farmer
Publisher : Oxford University Press
Page : 353 pages
File Size : 55,5 Mb
Release : 2016
Category : Law
ISBN : 9780199568642

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Making the Modern Criminal Law by Lindsay Farmer Pdf

The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law.

International Crimes: Law and Practice

Guénaël Mettraux
International Crimes Law and Practice Book PDF

Author : Guénaël Mettraux
Publisher : Oxford University Press, USA
Page : 961 pages
File Size : 45,7 Mb
Release : 2020-04-09
Category : Law
ISBN : 9780198860099

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International Crimes: Law and Practice by Guénaël Mettraux Pdf

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.

The Right to The Truth in International Law

Melanie Klinkner,Howard Davis
The Right to The Truth in International Law Book PDF

Author : Melanie Klinkner,Howard Davis
Publisher : Routledge
Page : 287 pages
File Size : 51,7 Mb
Release : 2019-07-26
Category : Law
ISBN : 9781317335085

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The Right to The Truth in International Law by Melanie Klinkner,Howard Davis Pdf

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

The Treatment of Prisoners under International Law

Nigel Rodley,Matt Pollard
The Treatment of Prisoners under International Law Book PDF

Author : Nigel Rodley,Matt Pollard
Publisher : OUP Oxford
Page : 750 pages
File Size : 43,6 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780191550515

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The Treatment of Prisoners under International Law by Nigel Rodley,Matt Pollard Pdf

This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly-developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.

The Theory and Practice of International Criminal Law

Michael Scharf
The Theory and Practice of International Criminal Law Book PDF

Author : Michael Scharf
Publisher : BRILL
Page : 476 pages
File Size : 55,7 Mb
Release : 2008-07-23
Category : Law
ISBN : 9789047431701

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The Theory and Practice of International Criminal Law by Michael Scharf Pdf

Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.

International Criminal Law, Transnational Criminal Organizations and Transitional Justice

Héctor Olásolo
International Criminal Law Transnational Criminal Organizations and Transitional Justice Book PDF

Author : Héctor Olásolo
Publisher : BRILL
Page : 251 pages
File Size : 50,5 Mb
Release : 2018-08-16
Category : Law
ISBN : 9789004341005

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International Criminal Law, Transnational Criminal Organizations and Transitional Justice by Héctor Olásolo Pdf

Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.

The Protection of Human Rights in the Administration of Criminal Justice

Alfred de Zayas,M. Cherif Bassiouni
The Protection of Human Rights in the Administration of Criminal Justice Book PDF

Author : Alfred de Zayas,M. Cherif Bassiouni
Publisher : BRILL
Page : 530 pages
File Size : 54,5 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004636309

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The Protection of Human Rights in the Administration of Criminal Justice by Alfred de Zayas,M. Cherif Bassiouni Pdf

This compilation brings together all the relevant procedural norms and standards applicable to criminal processes, whether national, regional, or international. The instruments are systematically arranged, and the category listing is in chronological order. The procedural instruments are exhaustive, providing the reader with a single comprehensive source for all these norms and standards. Published under the Transnational Publishers imprint.