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Criminal Law

Criminal Law PDF Author: Markus Dubber
Publisher: OUP Oxford
ISBN: 0191030678
Category : Law
Languages : en
Pages : 752

Book Description
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.

Criminal Law

Criminal Law PDF Author: Markus Dubber
Publisher: OUP Oxford
ISBN: 0191030678
Category : Law
Languages : en
Pages : 752

Book Description
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.

Criminal Law and Precrime

Criminal Law and Precrime PDF Author: Richard Jochelson
Publisher: Taylor & Francis
ISBN: 1351678647
Category : Social Science
Languages : en
Pages : 139

Book Description
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.

The Diversification and Fragmentation of International Criminal Law

The Diversification and Fragmentation of International Criminal Law PDF Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236910
Category : Law
Languages : en
Pages : 734

Book Description
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Perpetrators and Accessories in International Criminal Law

Perpetrators and Accessories in International Criminal Law PDF Author: Neha Jain
Publisher: Bloomsbury Publishing
ISBN: 1782254099
Category : Law
Languages : en
Pages : 232

Book Description
International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

Tribal Criminal Law and Procedure

Tribal Criminal Law and Procedure PDF Author: Sarah Deer
Publisher: Rowman Altamira
ISBN: 0759115206
Category : Law
Languages : en
Pages : 453

Book Description
This text is a comprehensive introduction to tribal criminal law and procedure in the United States. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentences and traditional sanctions Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students.

Human Rights in Criminal Law

Human Rights in Criminal Law PDF Author: Ben Douglas-Jones KC
Publisher: Bloomsbury Publishing
ISBN: 1526519526
Category : Law
Languages : en
Pages : 576

Book Description
The law of human rights permeates every area of law. This title focuses on the impact of human rights law at every stage of the criminal process. It addresses the principal human rights issues that apply during an investigation and prior to a suspect knowing that they are a suspect, powers of arrest and search, and treatment at the police station. It considers every stage of the criminal process, including appeal before the domestic courts and the European Court of Human Rights. Part 1 covers the fundamental principles of the European Convention on Human Rights and the Human Rights Act 1998 and their application in domestic law, particularly in relation to criminal appeals, as well as taking a case to the European Court of Human Rights. Parts 2 to 4 address the three broad phases of a criminal case – investigation, pre-trial and trial – providing an analysis of human rights law as it applies in each phase. This book offers a comprehensive analysis of the often complex interactions between criminal law and human rights; with a wide range of experienced contributors drawn from the legal profession and academia, under the general editorship of Ben Douglas-Jones KC, Daniel Bunting, Paul Mason and Benjamin Newton.

The Theory and Practice of International Criminal Law

The Theory and Practice of International Criminal Law PDF Author: Michael Scharf
Publisher: BRILL
ISBN: 9047431707
Category : Law
Languages : en
Pages : 476

Book Description
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.

Disclosure of IRS Information to Assist with the Enforcement of Criminal Law

Disclosure of IRS Information to Assist with the Enforcement of Criminal Law PDF Author: United States. Congress. Senate. Committee on Finance. Subcommittee on Oversight of the Internal Revenue Service
Publisher:
ISBN:
Category : Confidential communications
Languages : en
Pages : 240

Book Description


Substantive and procedural aspects of international criminal law. 1. Commentary

Substantive and procedural aspects of international criminal law. 1. Commentary PDF Author: Gabrielle Kirk MacDonald
Publisher: BRILL
ISBN: 9789041111333
Category : Law
Languages : en
Pages : 730

Book Description
Vol. II, Part 1.

World Criminal Justice Systems

World Criminal Justice Systems PDF Author: Richard J. Terrill
Publisher: Routledge
ISBN: 1317228812
Category : Social Science
Languages : en
Pages : 996

Book Description
World Criminal Justice Systems, Ninth Edition, provides an understanding of major world criminal justice systems by discussing and comparing the systems of six of the world’s countries -- each representative of a different type of legal system. An additional chapter on Islamic law uses three examples to illustrate the range of practice within Sharia. Political, historical, organizational, procedural, and critical issues confronting the justice systems are explained and analyzed. Each chapter contains material on government, police, judiciary, law, corrections, juvenile justice, and other critical issues. The ninth edition features an introduction directing students to the resources they need to understand comparative criminal justice theory and methodology. The chapter on Russia includes consideration of the turmoil in post-Soviet successor states, and the final chapter on Islamic law examines the current status of criminal justice systems in the Middle East.