Comparative Executive Clemency

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Publisher : Routledge
ISBN 13 : 131760265X
Total Pages : 218 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Comparative Executive Clemency by : Andrew Novak

Download or read book Comparative Executive Clemency written by Andrew Novak and published by Routledge. This book was released on 2015-08-20 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Routledge
ISBN 13 : 1000082253
Total Pages : 232 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Executive Clemency by : Daniel Pascoe

Download or read book Executive Clemency written by Daniel Pascoe and published by Routledge. This book was released on 2020-07-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Presidential Pardon Power

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Publisher : University Press of Kansas
ISBN 13 : 0700616462
Total Pages : 216 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Presidential Pardon Power by : Jeffrey Crouch

Download or read book The Presidential Pardon Power written by Jeffrey Crouch and published by University Press of Kansas. This book was released on 2009-05-26 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Capital Punishment

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786433257
Total Pages : 448 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Comparative Capital Punishment by : Carol S. Steiker

Download or read book Comparative Capital Punishment written by Carol S. Steiker and published by Edward Elgar Publishing. This book was released on 2019 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Last Chance for Life

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Publisher : Oxford University Press, USA
ISBN 13 : 0198809719
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Last Chance for Life by : Daniel Pascoe

Download or read book Last Chance for Life written by Daniel Pascoe and published by Oxford University Press, USA. This book was released on 2019-03-19 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

"The Pardoning Power"

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Author :
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis "The Pardoning Power" by : J. S Appel

Download or read book "The Pardoning Power" written by J. S Appel and published by . This book was released on 1894 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Encyclopedia of Criminology and Criminal Justice

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Publisher :
ISBN 13 : 9781118517383
Total Pages : pages
Book Rating : 4.5/5 (173 download)

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Book Synopsis The Encyclopedia of Criminology and Criminal Justice by : Jay S. Albanese

Download or read book The Encyclopedia of Criminology and Criminal Justice written by Jay S. Albanese and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Comprising over 500 entries on the essential topics and informed by the latest theory and research, this innovative reference resource offers a state-of-the-art survey of the fields of criminology and criminal justice. It combines this breadth of coverage with the authority and international perspective of an experienced editorial team, creating a definitive reference resource for students, scholars, and professionals."--Publisher's description.

Comparative Criminal Justice

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Publisher : SAGE
ISBN 13 : 144624833X
Total Pages : 129 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Comparative Criminal Justice by : David Nelken

Download or read book Comparative Criminal Justice written by David Nelken and published by SAGE. This book was released on 2010-04-22 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Nelken is the 2013 laureate of the Association for Law and Society International Prize The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field. The author looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Drawing on experience of teaching and research in a variety of countries, the author offers multiple illustrations of striking differences in the roles of criminal justice actors and ways of handling crime problems. The book includes in-depth discussions of such key issues as how we can learn from other jurisdictions, compare ′like with like′, and balance explanation with understanding – for example, in making sense of national differences in prison rates. Careful attention is given to the question of how far globalisation challenges traditional ways of comparing units. The book also offers a number of helpful tips on methodology, showing why method and substance cannot and should not be separated when it comes to understanding other people′s systems of justice. Students and academics in criminology and criminal justice will find this book an invaluable resource. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.

The Eighth Amendment and Its Future in a New Age of Punishment

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Publisher : Cambridge University Press
ISBN 13 : 1108580289
Total Pages : 339 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Eighth Amendment and Its Future in a New Age of Punishment by : Meghan J. Ryan

Download or read book The Eighth Amendment and Its Future in a New Age of Punishment written by Meghan J. Ryan and published by Cambridge University Press. This book was released on 2020-06-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.

Punishment and Politics

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Publisher : Routledge
ISBN 13 : 1135998183
Total Pages : 178 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Punishment and Politics by : Michael Tonry

Download or read book Punishment and Politics written by Michael Tonry and published by Routledge. This book was released on 2012-12-06 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour has embarked upon a root and branch remaking of the criminal justice system in England and Wales, with a mass of new legislation implemented or planned. It has ensured a continuously high profile for criminal justice issues, and they have been at the centre of wider political discourse. Yet the basis and evidence on which these reforms are being introduced is both uncertain and highly controversial. Despite spending tens of millions of pounds of research into the criminal justice system in the name of evidence-based policy, evidence has counted only in relation to lowlevel technocratic issues. On the big issues the clear weight of evidence points in opposite directions to those which the government has taken. The primary drivers of recent policies have rather been the emulation of recent USA policies (at a time when these are now being abandoned in the USA because they have been shown to be ineffective); and a media-driven agenda with a focus on conspicuous crime prevention which have had the effect of heightening rather than assuaging public fears and concerns. This provocative yet authoritative book seeks to expose and to unravel what has really driven the making of criminal justice policy in the UK. It will be essential reading for anybody interested in knowing what is going on in criminal justice, and why it is so central to political debate more generally.

Punishment and Inclusion

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Publisher : Fordham Univ Press
ISBN 13 : 082326243X
Total Pages : 352 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis Punishment and Inclusion by : Andrew Dilts

Download or read book Punishment and Inclusion written by Andrew Dilts and published by Fordham Univ Press. This book was released on 2014-09-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.

The Rule of Law in Japan

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186751
Total Pages : 538 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Rule of Law in Japan by : Carl F. Goodman

Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.

Comparative Criminology in Asia

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Publisher : Springer
ISBN 13 : 3319549421
Total Pages : 206 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Comparative Criminology in Asia by : Jianhong Liu

Download or read book Comparative Criminology in Asia written by Jianhong Liu and published by Springer. This book was released on 2017-07-15 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents the diversity of comparative criminology research in Asia, and the complex theoretical and methodological issues involved in conducting comparative research. With contributors both from the West and the East exploring these questions, the Editors have created a balanced resource, as well as set an agenda for future research. The increasing pace of globalization means that researchers should be armed with an understanding of how criminal justice systems work across the world. In the past, comparative research largely compared Western countries to each other, or involve d researchers from a Western perspective examining an Asian country, with models and theories developed in the West considered to have universal applications. This work aims to correct that gap, by providing a critical examination of comparative research, presenting quantitative and qualitative research data, and asking new questions that challenge prevailing research norms and provide an agenda for future research. This work will be of interest for researchers across the field of Criminology, particularly those with an interest in International and Comparative Research, research on or about Asia, and related disciplines such as Sociology, Demography, and Social Policy. “This fine collection that goes to the rich distinctiveness of Asian criminology. The editors have brought together a wonderful collection of authors mainly from the region. The distinctiveness of values and relational practices in Asia are recurrent themes that are well developed in this book and help us to make sense of patterns of crime and criminal justice in Asia.” John Braithwaite, Australian National University “What theoretical, methodological, and practical issues must we confront in conducting cross-cultural studies encompassing Western and Asian countries? Comparative Criminology in Asia discusses these issues and presents exemplary comparative research. The introductory chapter and the introduction to each part by the co-editors are lucid and highly educational. This collection must be required reading for every serious scholar and aspiring graduate student in Asian countries so that criminological and criminal justice studies will be brought to a much higher level o f sophistication.” Setsuo Miyazawa, UC Hastings “Can there be – and should there be -- a distinctive Asian criminology? What would this involve? The answer depends on what one thinks of the universalistic explanatory claims of Western criminology. Will these claims become self- fulfilling as these societies add to colonial influences a more deliberate borrowing of criminal justice models and established ways of pursuing discipline of criminology? Or will a more critical spirit prevail? This welcome edited collection by Liu, Travers and Chang provides an excellent starting point for reflecting on these and other questions. Rather than attempting to provide descriptions of the variety of similarities and differences in this region (though there are some fascinating case studies of these) the focus is even more on exploring the theoretical approa ches and methodologies used in comparing institutional and cultural differences by Asian criminologists and others.” David Nelken, King’s College, London “Criminologists can no longer ignore the impact of globalization on the pattern and amount of crime as we experienced recently, nor can we ignore the global change of criminal justice policies to deal with crime. There is, therefore, a desperate need to collect data on how crime and criminal justice are influenced by globalization across Asian countries. On the other hand, there are debates on the issue of culture-specific vs. pan-culture theories of crime. This collection addresses both issues in an interesting way. Its publication is timely and welcome.” Chuen-Jim Sheu, National Taipei University

The Global Decline of the Mandatory Death Penalty

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Publisher : Routledge
ISBN 13 : 1317030273
Total Pages : 200 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Global Decline of the Mandatory Death Penalty by : Andrew Novak

Download or read book The Global Decline of the Mandatory Death Penalty written by Andrew Novak and published by Routledge. This book was released on 2016-03-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.

In Cold Blood

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Publisher : Modern Library
ISBN 13 : 0812994388
Total Pages : 417 pages
Book Rating : 4.8/5 (129 download)

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Book Synopsis In Cold Blood by : Truman Capote

Download or read book In Cold Blood written by Truman Capote and published by Modern Library. This book was released on 2013-02-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected by the Modern Library as one of the 100 best nonfiction books of all time From the Modern Library’s new set of beautifully repackaged hardcover classics by Truman Capote—also available are Breakfast at Tiffany’s and Other Voices, Other Rooms (in one volume), Portraits and Observations, and The Complete Stories Truman Capote’s masterpiece, In Cold Blood, created a sensation when it was first published, serially, in The New Yorker in 1965. The intensively researched, atmospheric narrative of the lives of the Clutter family of Holcomb, Kansas, and of the two men, Richard Eugene Hickock and Perry Edward Smith, who brutally killed them on the night of November 15, 1959, is the seminal work of the “new journalism.” Perry Smith is one of the great dark characters of American literature, full of contradictory emotions. “I thought he was a very nice gentleman,” he says of Herb Clutter. “Soft-spoken. I thought so right up to the moment I cut his throat.” Told in chapters that alternate between the Clutter household and the approach of Smith and Hickock in their black Chevrolet, then between the investigation of the case and the killers’ flight, Capote’s account is so detailed that the reader comes to feel almost like a participant in the events.

The Death Penalty in Africa: Foundations and Future Prospects

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Publisher : Springer
ISBN 13 : 1137438770
Total Pages : 162 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis The Death Penalty in Africa: Foundations and Future Prospects by : A. Novak

Download or read book The Death Penalty in Africa: Foundations and Future Prospects written by A. Novak and published by Springer. This book was released on 2014-04-16 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.

Women, Crime, and Justice

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Publisher : John Wiley & Sons
ISBN 13 : 1118793447
Total Pages : 328 pages
Book Rating : 4.1/5 (187 download)

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Book Synopsis Women, Crime, and Justice by : Elaine Gunnison

Download or read book Women, Crime, and Justice written by Elaine Gunnison and published by John Wiley & Sons. This book was released on 2016-05-19 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women, Crime, and Justice: Balancing the Scales presents a comprehensive analysis of the role of women in the criminal justice system, providing important new insight to their position as offenders, victims, and practitioners. Draws on global feminist perspectives on female offending and victimization from around the world Covers topics including criminal law, case processing, domestic violence, gay/lesbian and transgendered prisoners, cyberbullying, offender re-entry, and sex trafficking Explores issues professional women face in the criminal justice workplace, such as police culture, judicial decision-making, working in corrections facilities, and more Includes international case examples throughout, using numerous topical examples and personal narratives to stimulate students’ critical thinking and active engagement