Sentencing And Sanctioning In Supranational Criminal Law

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Sentencing and Sanctioning in Supranational Criminal Law

Author : Roelof Haveman
Publisher :
ISBN 13 :
Total Pages : 226 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Sentencing and Sanctioning in Supranational Criminal Law by : Roelof Haveman

Download or read book Sentencing and Sanctioning in Supranational Criminal Law written by Roelof Haveman and published by . This book was released on 2006 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational system is still under construction and will be so for at least some decades before it can be called a consistent system with an intrinsic logic. Sentencing and sanctioning is one of the issues in which this becomes clear. The ICC-complementarity principle, the principle of legality, the execution of sanctions, and the relation of the supranational system to domestic systems such as the Rwandan gacaca, are all topics to be thoroughly discussed. The uplifting of a penal system from a relatively small community - an individual state - with relative agreement on basic aspects of punishing, to the mondial, per definition heterogeneous, level, where no such agreement exists, reveals many controversies. Opinions on all aspects of sanctioning differ widely all over the world. What is the proper sanction for a crime against humanity or an act of genocide? And whom to punish? Controversy exists regarding States, children (child soldiers) and mentally incapable offenders as punishable subjects. Questionable also are the goals of the supranational criminal justice system, and whether these goals are achieved. Too often these supranational goals seem to be supra-natural as well. Goals steer the system in choosing the number of accused to be prosecuted and judged and the quality of its proceedings, but also questions such as whether a detainee has the right to be visited by a prostitute. These are some of the questions that are highlighted in this fourth Volume of the Supranational Criminal Law series

Sentencing and Sanctions in Western Countries

Author : Michael H. Tonry
Publisher : Oxford University Press, USA
ISBN 13 : 0195138619
Total Pages : 450 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Sentencing and Sanctions in Western Countries by : Michael H. Tonry

Download or read book Sentencing and Sanctions in Western Countries written by Michael H. Tonry and published by Oxford University Press, USA. This book was released on 2001 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 11. The Project of Sentencing Reform

Intermediate Sanctions in Sentencing Guidelines

Author : Michael H. Tonry
Publisher : DIANE Publishing
ISBN 13 : 0788174223
Total Pages : 73 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Intermediate Sanctions in Sentencing Guidelines by : Michael H. Tonry

Download or read book Intermediate Sanctions in Sentencing Guidelines written by Michael H. Tonry and published by DIANE Publishing. This book was released on 1997 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing guidelines & intermediate sanctions are two of the most significant criminal justice policy developments in recent decades. Half the States have adopted or considered statewide guidelines; & in early 1997, sentencing commissions were at work in more than 20 States. Intermediate sanctions have proliferated since 1980. This report describes separately the past 20 years of the respective policy & research developments of sentencing guidelines & intermediate sanctions; & the modest efforts, to date, to combine the two. Includes suggestions of next steps that policymakers might consider. Tables & figures.

Censure and Sanctions

Author : Andrew Von Hirsch
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Censure and Sanctions by : Andrew Von Hirsch

Download or read book Censure and Sanctions written by Andrew Von Hirsch and published by Oxford University Press, USA. This book was released on 1993 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1991 Criminal Justice Act, requires that sentences be 'proportionate' to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences and how political pressures impinge on sentencing policies.

The Limits of the Criminal Sanction

Author : Herbert Packer
Publisher : Stanford University Press
ISBN 13 : 9780804780797
Total Pages : 404 pages
Book Rating : 4.7/5 (87 download)

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Book Synopsis The Limits of the Criminal Sanction by : Herbert Packer

Download or read book The Limits of the Criminal Sanction written by Herbert Packer and published by Stanford University Press. This book was released on 1968-06-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.

Day Fines in Europe

Author : Elena Kantorowicz-Reznichenko
Publisher : Cambridge University Press
ISBN 13 : 1108846645
Total Pages : 425 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Day Fines in Europe by : Elena Kantorowicz-Reznichenko

Download or read book Day Fines in Europe written by Elena Kantorowicz-Reznichenko and published by Cambridge University Press. This book was released on 2021-07-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.

Supranational Criminal Law

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (716 download)

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Book Synopsis Supranational Criminal Law by :

Download or read book Supranational Criminal Law written by and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Harmonization of Criminal Law in Europe

Author : Erling Johannes Husab©ı
Publisher : Intersentia nv
ISBN 13 : 905095474X
Total Pages : 175 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Harmonization of Criminal Law in Europe by : Erling Johannes Husab©ı

Download or read book Harmonization of Criminal Law in Europe written by Erling Johannes Husab©ı and published by Intersentia nv. This book was released on 2005 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Colloquium ... was held at the Faculty of Law, University of Bergen on 20-21 February 2004"--P. v.

Supranational Criminal Law

Author : Roelof Haveman
Publisher : Intersentia nv
ISBN 13 : 905095314X
Total Pages : 384 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Supranational Criminal Law by : Roelof Haveman

Download or read book Supranational Criminal Law written by Roelof Haveman and published by Intersentia nv. This book was released on 2003 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management?

EU Sanctions

Author : Iain Cameron
Publisher :
ISBN 13 : 9781780681412
Total Pages : 0 pages
Book Rating : 4.6/5 (814 download)

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Book Synopsis EU Sanctions by : Iain Cameron

Download or read book EU Sanctions written by Iain Cameron and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the European Union, the famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical, since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon Treaty. EU sanctions are used both against regimes and against suspected terrorist financing. But these sanctions have developed "organically," without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning a variety of areas: criminal law, constitutional law, international law, and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues: How should we go about measuring the impact(s) of targeted sanctions? * How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, and punishment/confiscation of assets)? * How can the problems caused for fair trial by the use of intelligence material be solved? * If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? * How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? * What is the spillover effect of "over broad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? * How do EU sanctions fit into, and compare to, national systems for the proscription of terrorist organizations? * Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions? (Series: Supranational Criminal Law: Capita Selecta - Vol. 15)

The Aims of Punishment

Author : Charis Papacharalambous
Publisher :
ISBN 13 : 9783848779116
Total Pages : 325 pages
Book Rating : 4.7/5 (791 download)

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Book Synopsis The Aims of Punishment by : Charis Papacharalambous

Download or read book The Aims of Punishment written by Charis Papacharalambous and published by . This book was released on 2020-11 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishing people for crimes depends upon aims the penal system should go after. This is a field of inquiry always actual and sensitive. The present volume contains contributions of acknowledged experts in jurisprudence, criminal law theory, criminology and penology. It focuses on a variety of the most recent streams of thought as to the philosophy of punishment, on international and interdisciplinary criminal law issues, on the role criminal sanctions play as well as on law comparative issues concerning Cyprus and Greece. The theoretical part presents vistas relative to the relationship of criminal law and politics, whereas the international/interdisciplinary criminal justice discourse touches upon topics like EU and international criminal law, organized crime, sentencing, correctional policy and transitional justice. The comparative part deals with crucial sectors of applied discourse as to punishment like suspension of imprisonment, life term, penology problems and problems of specific sanctions like confiscation. The volume contributes thus to a comprehensive updating of the respective academic discussion.

EU Criminal Law and Policy

Author : Joanna Beata Banach-Gutierrez
Publisher : Routledge
ISBN 13 : 1317427602
Total Pages : 317 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis EU Criminal Law and Policy by : Joanna Beata Banach-Gutierrez

Download or read book EU Criminal Law and Policy written by Joanna Beata Banach-Gutierrez and published by Routledge. This book was released on 2016-07-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

Sentencing in International Criminal Law

Author : Silvia D'Ascoli
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318169
Total Pages : 422 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli

Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

An Introduction to International Criminal Law and Procedure

Author : Robert Cryer
Publisher : Cambridge University Press
ISBN 13 : 0521135818
Total Pages : 685 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis An Introduction to International Criminal Law and Procedure by : Robert Cryer

Download or read book An Introduction to International Criminal Law and Procedure written by Robert Cryer and published by Cambridge University Press. This book was released on 2010-05-27 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.

Principles of International Criminal Law

Author : Gerhard Werle
Publisher : Oxford University Press
ISBN 13 : 0192561588
Total Pages : 750 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Principles of International Criminal Law by : Gerhard Werle

Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2020-10-09 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

Research Handbook on the International Penal System

Author : Róisín Mulgrew
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472162
Total Pages : 535 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on the International Penal System by : Róisín Mulgrew

Download or read book Research Handbook on the International Penal System written by Róisín Mulgrew and published by Edward Elgar Publishing. This book was released on 2016-05-27 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal Systemcritically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development. This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice. Contributors:D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. Young

Exceptions in International Law

Author : Lorand Bartels
Publisher : Oxford University Press
ISBN 13 : 0192506358
Total Pages : 352 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Exceptions in International Law by : Lorand Bartels

Download or read book Exceptions in International Law written by Lorand Bartels and published by Oxford University Press. This book was released on 2020-06-18 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.