Material Detention Conditions Execution Of Custodial Sentences And Prisoner Transfer In The Eu Member States

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Material Detention Conditions, Execution of Custodial Sentences and Prisoner Transfer in the EU Member States

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 904660456X
Total Pages : 1010 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Material Detention Conditions, Execution of Custodial Sentences and Prisoner Transfer in the EU Member States by : Gert Vermeulen

Download or read book Material Detention Conditions, Execution of Custodial Sentences and Prisoner Transfer in the EU Member States written by Gert Vermeulen and published by Maklu. This book was released on 2011 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2008, for the European Union, the introduction of the Framework Decision - the principle of mutual recognition to judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. The book contains individual Member State reports resulting from legal practitioners' analyses, backed by additional information drawn from monitoring and evaluation conducted at the Council of Europe (Committee for the Prevention of Torture) and United Nation levels. This will be essential reading for EU policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 41)

Cross-border Execution of Judgements Involving Deprivation of Liberty in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046604551
Total Pages : 312 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Cross-border Execution of Judgements Involving Deprivation of Liberty in the EU by : Gert Vermeulen

Download or read book Cross-border Execution of Judgements Involving Deprivation of Liberty in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2011 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2008, the introduction of the EU's Framework Decision - the principle of mutual recognition of judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. This book contains EU-level legal and practitioners' analyses, as well as the high level final report to the study, confirming preliminary concerns that flanking measures are urgently needed for a proper operation of the Framework Decision. It will be essential reading for policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 40)

European Prison Rules

Author : Council of Europe. Committee of Ministers
Publisher : Council of Europe
ISBN 13 : 9287159823
Total Pages : 133 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis European Prison Rules by : Council of Europe. Committee of Ministers

Download or read book European Prison Rules written by Council of Europe. Committee of Ministers and published by Council of Europe. This book was released on 2006-01-01 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.

Release from Prison

Author : Nicola Padfield
Publisher : Routledge
ISBN 13 : 1134029268
Total Pages : 476 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Release from Prison by : Nicola Padfield

Download or read book Release from Prison written by Nicola Padfield and published by Routledge. This book was released on 2013-01-11 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Release from prison is matter of increasing interest throughout Europe. On the one hand, arguments about the need to reduce prison numbers, as well the consistent findings that prisoners can be integrated into society more effectively if they are subject to a period of supervision in the community, have made early release policies attractive to governments and to academic commentators. On the other hand, there are concerns that early release may not be applied fairly to all prisoners. This book aims to meet the need for comparative information on release from prison across Europe and explores some of the key themes and issues. The body of the book focuses on country perspectives, providing an invaluable survey of the situation in a number of European countries. The introductory and concluding chapters place the comparative material in a broader perspective. They explain how release policy is related to wider questions about justice and fairness in prison-related decision-making and the changing place of imprisonment in European society.

Prison Conditions in the Member States

Author :
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Prison Conditions in the Member States by :

Download or read book Prison Conditions in the Member States written by and published by . This book was released on 2017 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides an overview of European standards and good practices regarding prison conditions. Action by the EU in the field of judicial cooperation in criminal matters is affected by detention conditions across EU Member States. The Council of Europe has adopted numerous recommendations and standards on conditions of life in prison, and the European Court of Human Rights has found that detention conditions may breach the prohibition against torture and ill-treatment. The paper provides an overview of common problems affecting prisons in the EU Member States (from overcrowding to general conditions of life in prison) and describes some of the identified best practices to solve them. Specific attention is paid to pre-trial detention, to the use of alternative (non-custodial) measures, to measures aimed at social reintegration and prevention of recidivism, and to the special safeguards and standards developed as regards vulnerable prisoners (such as children, women, or mentally ill detainees).

European Criminal Justice and Policy

Author : Marc Cools
Publisher : Maklu
ISBN 13 : 9046605426
Total Pages : 232 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis European Criminal Justice and Policy by : Marc Cools

Download or read book European Criminal Justice and Policy written by Marc Cools and published by Maklu. This book was released on 2012 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviewing European policy with respect to different phases in the criminal justice chain, the contributions in this book range from looking into the extension of criminalization in the sphere of trafficking in human beings and labor exploitation, to the operability of cross-border execution of sentences involving deprivation of liberty. Most contributions look into the need to develop a conceptual framework to support future policy making, pointing to the lack thereof with respect to liability of legal persons, ne bis in idem as an EU principle, cross-border effect of disqualifications, and cooperation with private security actors. One essay looks into the public expenditure in different phases of the criminal justice chain, based on a case study on the public expenditure of Belgian drug policy. Additionally, from a historical and comparative perspective, the book analyzes specific European and Chinese interrogation rules to provide a solid context for the current situation and to support future legal reforms. (Series: Governance of Security (GofS) Research Paper - Vol. 7)

Criminal Detention and Alternatives

Author :
Publisher :
ISBN 13 : 9789294913517
Total Pages : pages
Book Rating : 4.9/5 (135 download)

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Book Synopsis Criminal Detention and Alternatives by :

Download or read book Criminal Detention and Alternatives written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Criminal Justice, Financial & Economic Crime

Author : Marc Cools
Publisher : Maklu
ISBN 13 : 9046604381
Total Pages : 322 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis EU Criminal Justice, Financial & Economic Crime by : Marc Cools

Download or read book EU Criminal Justice, Financial & Economic Crime written by Marc Cools and published by Maklu. This book was released on 2011 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.

Procedural Rights and Detention Conditions

Author : Wouter van Ballegooij
Publisher :
ISBN 13 : 9789284622436
Total Pages : 220 pages
Book Rating : 4.6/5 (224 download)

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Book Synopsis Procedural Rights and Detention Conditions by : Wouter van Ballegooij

Download or read book Procedural Rights and Detention Conditions written by Wouter van Ballegooij and published by . This book was released on 2017 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the significant EU action and cooperation that has taken place, the rights and detention conditions of those suspected of committing a crime and serving a sentence in the Member States continue to fail to live up to international and EU standards. Judicial cooperation within the EU is not yet fully adapted to this reality, it operates in absence of an EU mechanism monitoring Member States' compliance with practical fundamental rights and lacks specific guidance for alleged violations. EU legislation on suspects' rights is limited to setting common minimum standards. Even so, there are already indications of shortcomings concerning key rights to a fair trial, such as the right to interpretation, translation, information and legal assistance during questioning by the police. Furthermore, certain areas have not been comprehensively addressed, such as pre-trial detention, contributing to prison overcrowding in a number of EU Member States. The outstanding divergent levels of protection also create discrimination between EU citizens. Criminal justice systems remain inefficient and fail to achieve the aims of convicting and rehabilitating the guilty, while protecting the innocent. This impacts on the individuals concerned, in terms of a denial of their rights and material and immaterial damage; on their families; and on Member States' societies more generally. The gaps and barriers identified also have substantial cost implications. Finally, this study assesses the added value of a number of options for EU action and cooperation to contribute to closing these gaps and taking further steps to ensure the effective protection of the rights of suspects and detained persons.

Defence Rights

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 904660571X
Total Pages : 140 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Defence Rights by : Gert Vermeulen

Download or read book Defence Rights written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.

Long-Term Imprisonment and Human Rights

Author : Kirstin Drenkhahn
Publisher : Routledge
ISBN 13 : 1317684443
Total Pages : 419 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Long-Term Imprisonment and Human Rights by : Kirstin Drenkhahn

Download or read book Long-Term Imprisonment and Human Rights written by Kirstin Drenkhahn and published by Routledge. This book was released on 2014-07-11 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prisons and imprisonment have become a commonplace topic in popular culture as the setting and rationale for fiction and documentaries and most people seem to have a clear notion of what it is like in prison, ranging from the idea of the prison cell as a cosy nook with fast internet access to that of a dungeon with a hard bed and a diet of bread and water. But what is prison really like? Do prisoners have the same rights as everyone else? What are the similarities and differences between prisons in different European countries? This book answers all of these questions, whilst also presenting cutting-edge research on the living conditions of long-term prisoners in Europe and considering whether these conditions meet international human rights standards. Bringing together leading experts in the field, with comprehensive coverage of the issues in Belgium, Croatia, Denmark, England, Finland, France, Germany, Lithuania, Poland, Spain and Sweden, this book offers the first comparative study on the subject. Whereas past research in this area has concentrated on the Anglo-American experience, this book offers a truly comparative European approach and pays due attention to the differences in prison systems between the post-Soviet countries and continental Europe. This book will be key reading for academics and students of criminology, criminal justice and penology and will also be of interest to students and practitioners of law.

Liability of Legal Persons for Offences in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046605205
Total Pages : 203 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Liability of Legal Persons for Offences in the EU by : Gert Vermeulen

Download or read book Liability of Legal Persons for Offences in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)

Rethinking International Cooperation in Criminal Matters in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 904660487X
Total Pages : 769 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Rethinking International Cooperation in Criminal Matters in the EU by : Gert Vermeulen

Download or read book Rethinking International Cooperation in Criminal Matters in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)

Author : Martyna Kusak
Publisher : Maklu
ISBN 13 : 9046608409
Total Pages : 245 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) by : Martyna Kusak

Download or read book Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) written by Martyna Kusak and published by Maklu. This book was released on 2017-01-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

Extending Offender Mobility

Author : Stijn Van Daele
Publisher : Maklu
ISBN 13 : 9046605140
Total Pages : 157 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Extending Offender Mobility by : Stijn Van Daele

Download or read book Extending Offender Mobility written by Stijn Van Daele and published by Maklu. This book was released on 2012 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental criminology brings together a range of theories and areas for study. One of these domains is the study of offender mobility: how offenders move to (and sometimes from) crime sites, how they select their targets, where they start, the distance they cover, and the direction they move in. Inspired by routine activity theory, rational choice perspectives, and pattern theory, as well as principles of human ecology and foraging behavior, offender mobility studies have come to a number of recurrent findings. However, most of these studies use similar data samples and settings, as they deal with local offenders operating in urban neighborhoods. This book extends this line of research by examining another sample in another setting. Through the study of so-called 'itinerant crime groups' in Belgium, the mobility of a sample of foreign offenders is investigated in a nation-wide setting. Mobility patterns of these offenders are studied through a variety of methods and techniques, including quantitative and qualitative analyses of crime statistics, case files, and offender interviews. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 43)

Women's Lives around the World [4 volumes]

Author : Susan M. Shaw
Publisher : Bloomsbury Publishing USA
ISBN 13 : 161069712X
Total Pages : 1840 pages
Book Rating : 4.6/5 (16 download)

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Book Synopsis Women's Lives around the World [4 volumes] by : Susan M. Shaw

Download or read book Women's Lives around the World [4 volumes] written by Susan M. Shaw and published by Bloomsbury Publishing USA. This book was released on 2018-01-04 with total page 1840 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an in-depth look at the lives of women and girls in approximately 150 countries, this multivolume reference set offers readers transnational and postcolonial analysis of the many issues that are critical to the success of women and girls. For millennia, women around the world have shouldered the responsibility of caring for their families. But in recent decades, women have emerged as a major part of the global workforce, balancing careers and family life. How did this change happen? And how are societies in developing countries responding and adapting to women's newer roles in society? This four-volume encyclopedia examines the lives of women around the world, with coverage that includes the education of girls and teens; the key roles women play in their families, careers, religions, and cultures; how issues for women intersect with colonialism, transnationalism, feminism, and established norms of power and control. Organized geographically, each volume presents detailed entries about the lives of women in particular countries. Additionally, each volume offers sidebars that spotlight topics related to women and girls in specific regions or focus on individual women's lives and contributions. Primary source documents include sections of countries' constitutions that are relevant to women and girls, United Nations resolutions and national resolutions regarding women and girls, and religious statements and proclamations about women and girls. The organization of the set enables readers to take an in-depth look at individual countries as well as to make comparisons across countries.

Handbook of Basic Principles and Promising Practices on Alternatives to Imprisonment

Author : Dirk Van Zyl Smit
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Handbook of Basic Principles and Promising Practices on Alternatives to Imprisonment by : Dirk Van Zyl Smit

Download or read book Handbook of Basic Principles and Promising Practices on Alternatives to Imprisonment written by Dirk Van Zyl Smit and published by . This book was released on 2007 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces the reader to the basic principles central to understanding alternatives to imprisonment as well as descriptions of promising practices implemented throughout the world. This handbook offers information about alternatives to imprisonment at various stages of the criminal justice process.