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Taking Life Imprisonment Seriously In National And International Law
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Book Synopsis Taking Life Imprisonment Seriously by : Kenneth G. Zysk
Download or read book Taking Life Imprisonment Seriously written by Kenneth G. Zysk and published by BRILL. This book was released on 2002-04-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment is a complex and drastic penal sanction. It gives the State the power to curtail the liberty of offenders for the rest of their lives. In many jurisdictions life imprisonment is the ultimate sanction for the most serious crimes. It is frequently touted as an alternative to the death penalty. At the same time, life imprisonment is often imposed as a preventive measure, where the offence alone does not justify using the ultimate sanction in the penal arsenal. The complexity of life imprisonment is frequently overlooked. Often it is assumed that it is not as drastic as it sounds, as it will not be enforced for the whole life of the offender. There may also be a reluctance to subject life imprisonment to close scrutiny, lest its perceived suitability as an alternative to the death penalty be undermined. This book tackles the complexity of life imprisonment head on by describing how various forms of it are imposed and implemented in the United States of America, in England and Wales and in Germany, as well as in the emerging international system of criminal justice. From this basis it examines the justifications advanced for life imprisonment and the modifications that have resulted in individual jurisdictions in response to criticisms of its imposition and implementation. At the same time, the book develops a more general critique of life imprisonment. It evaluates it against constitutional human rights standards that have been developed in many jurisdictions to judge the acceptability of punishment generally. It concludes that some current practices in both the imposition and implementation of life imprisonment clearly are fundamentally unacceptable, but that questions remain, even about carefully implemented life sentences imposed for the most serious crimes. The jurisprudential analysis provides the basis for a major re-evaluation of life imprisonment and raises doubts about the unquestioning acceptance of this ultimate penalty.
Book Synopsis Taking Life Imprisonment Seriously by : Dirk Van Zyl Smit
Download or read book Taking Life Imprisonment Seriously written by Dirk Van Zyl Smit and published by . This book was released on 2002 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Taking Life Imprisonment Seriously in National and International Law by : Dirk Van Zyl Smit
Download or read book Taking Life Imprisonment Seriously in National and International Law written by Dirk Van Zyl Smit and published by Brill - Nijhoff. This book was released on 2002 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: CHAPTER 4 - GERMANY
Book Synopsis Life Imprisonment by : Dirk van Zyl Smit
Download or read book Life Imprisonment written by Dirk van Zyl Smit and published by Harvard University Press. This book was released on 2019-01-14 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment has replaced the death penalty as the most common sentence imposed for heinous crimes worldwide. Consequently, it has become the leading issue of international criminal justice reform. In the first survey of its kind, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this harsh punishment.
Book Synopsis Life Imprisonment and Human Rights by : Dirk van Zyl Smit
Download or read book Life Imprisonment and Human Rights written by Dirk van Zyl Smit and published by Bloomsbury Publishing. This book was released on 2016-12-01 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights.
Book Synopsis Life Imprisonment in Asia by : Dirk van Zyl Smit
Download or read book Life Imprisonment in Asia written by Dirk van Zyl Smit and published by Springer Nature. This book was released on 2022-11-30 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment is the punishment most often imposed worldwide for what societies regard as the most serious offences. Yet, in Asia the phenomenon has never been studied systematically. Life Imprisonment in Asia fills this major gap. It brings together thirteen new essays on life imprisonment in key jurisdictions in the region. Each chapter consolidates what is known about the law and practice of life imprisonment in the jurisdiction and then explores aspects of the imposition or implementation of life sentences that the authors regard as particularly problematic. In some instances, the main issue is the imposition of life sentences by the courts and their relationship to the death penalty. In others, the focus is on the treatment of life sentenced prisoners. In many instances, the most prominent question is whether life sentenced prisoners should be released and, if so, according to what processes. In the overview chapter, the editors place the complex picture that emerges of life imprisonment in Asia in a global context and point to reforms urgently required to ensure that Asian life sentences meet international human rights standards. Life Imprisonment in Asia should be read by everyone who has an interest in just punishments for serious offences, not only in Asia, but throughout the world. It will be an invaluable tool for lawyers, criminologists, policy makers and penal reform advocates in the region and beyond.
Book Synopsis Taking Life Imprisonment Seriously by : Dirk Van Zyl Smit
Download or read book Taking Life Imprisonment Seriously written by Dirk Van Zyl Smit and published by . This book was released on 1995 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Death by Prison by : Christopher Seeds
Download or read book Death by Prison written by Christopher Seeds and published by Univ of California Press. This book was released on 2022-07-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine part of contemporary US criminal justice, even engrained in the nation's cultural imaginary, but how it came to be so remains in question. Fifty years ago, imprisoning a person until death was an extraordinary sentence; today, it accounts for an increasing percentage of all US prisoners. What explains the shifts in penal practice and the social imagination by which we have become accustomed to imprisoning individuals until death without any reevaluation or reasonable expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long. The rise of life without parole, this book demonstrates, is not simply a matter of growth: it is a phenomenon of change, inclusive of changes in definitions, practices, and meanings. Death by Prison shows that the complex processes by which life without parole became imprisonment until death and perpetual confinement became a routine part of American punishment must be understood not only in terms of punitive attitudes and political efforts but as a matter of background conditions and transformations in penal institutions. The book also reveals how the social and sociological relevance of life without parole extends beyond its punitive element: imbued in the history of life without parole are a variety of forms of disregard--for human dignity, for social consequences, and for the myriad responsibilities that go along with state punishment"--
Book Synopsis The International Library of Essays on Capital Punishment, Volume 1 by : Peter Hodgkinson
Download or read book The International Library of Essays on Capital Punishment, Volume 1 written by Peter Hodgkinson and published by Routledge. This book was released on 2016-12-05 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides up-to-date and nuanced analysis across a wide spectrum of capital punishment issues. The essays move beyond the conventional legal approach and propose fresh perspectives, including a unique critique of the abolition sector. Written by a range of leading experts with diverse geographical, methodological and conceptual approaches, the essays in this volume challenge received wisdom and embrace a holistic understanding of capital punishment based on practical experience and empirical data. This collection is indispensable reading for anyone seeking a comprehensive and detailed understanding of the complexity of the death penalty discourse.
Download or read book Imprisonment written by Noah Berlatsky and published by Greenhaven Publishing LLC. This book was released on 2010-03-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the main purposes of imprisonment around the world, including punishment, deterrence, rehabilitation, and public safety. It looks at the role of sentencing: Do life sentences violate human rights? How are juvenile offenders treated? Are mandatory sentences effective? Readers will examine the treatment of prisoners and prison conditions like overcrowding, gang activity, sexual abuse and disease, as well as the unique plight of political and religious prisoners. Essay sources include the Council of Europe, Catholic Bishops of New Zealand, House of Commons Home Affairs Committee, Just Detention International, and Human Rights Watch.
Book Synopsis Life After Life Imprisonment by : Catherine Appleton
Download or read book Life After Life Imprisonment written by Catherine Appleton and published by OUP UK. This book was released on 2010-07-08 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious and sensitive topics in criminal justice, Life after Life Imprisonment looks at the release and resettlement of life-sentenced offenders in England and Wales - where there are very few prisoners in the system for whom 'life' means life. By providing an in-depth analysis of the post-prison experiences of 138 discretionary life-sentenced offenders, all of whom released during the mid-1990s, this book looks at the reality facing Lifers as they are released at some time during their sentences, usually on very long licences, to be closely monitored and supervised by probation officers. Using accessible and comprehensive data, it examines key legal developments within the criminal justice system for discretionary life-sentenced offenders, explores the frontline experiences of the probation officers charged with supervising life-sentenced offenders, and analyses the 'stories' or life narratives of a group of individuals who have committed some of the most serious crimes. It also examines the process of recall for life-sentenced prisoners and explores key factors associated with failure in the community. Of interest to legal scholars and criminologists, as well as practitioners in the field, Catherine Appleton's book offers a major insight into how societies respond to serious crime and identifies important elements of successful reintegration for released life-sentenced offenders.
Book Synopsis The Irish Yearbook of International Law, Volume 1 2006 by : Jean Allain
Download or read book The Irish Yearbook of International Law, Volume 1 2006 written by Jean Allain and published by Bloomsbury Publishing. This book was released on 2008-02-28 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
Download or read book The Death Penalty written by Roger Hood and published by OUP Oxford. This book was released on 2015-01-08 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
Book Synopsis Beyond the Tariff by : Nicola Padfield
Download or read book Beyond the Tariff written by Nicola Padfield and published by Routledge. This book was released on 2013-01-11 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the workings of the Discretionary Lifer Panels of the Parole Board, the body charged with the responsibility for making decisions on the release of discretionary life sentence prisoners. It traces the origins and development of the Discretionary Lifer Panels following the landmark Weeks and Thynne decisions of the European Court of Human Rights which led to the establishment of DLPs, and examines the way in which the DLPs developed subsequently - often rather differently to what was originally envisaged as necessary to comply with the decision of the ECHR. This book provides a fascinating case study of a little-known part of the criminal justice system, and explores at the same time the wider issues that have arisen - in particular the impact of the ECHR and the Human Rights Act on the criminal justice system; the relationship between the Parole Board and the Prison and Probation Services; the differences between release procedures for different categories of life sentence prisoner, and those detained compulsorily under the Mental Health Act;the broader social, legal and political context in which DLPs operate, and the nature of discretionary decision-making in the criminal justice system field. the first detailed study - from a leading authority in the field - of the way decisions are reached on discretionary life sentence prisoners explores the impact of the decisions of the European Court of Human Rights and the Human Rights Act on the working of the criminal justice system of interest to practitioners and academics concerned with the criminal justice system.
Book Synopsis Judicial Power in a Globalized World by : Paulo Pinto de Albuquerque
Download or read book Judicial Power in a Globalized World written by Paulo Pinto de Albuquerque and published by Springer Nature. This book was released on 2019-08-21 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
Book Synopsis The Emerald Handbook of Feminism, Criminology and Social Change by : Sandra Walklate
Download or read book The Emerald Handbook of Feminism, Criminology and Social Change written by Sandra Walklate and published by Emerald Group Publishing. This book was released on 2020-07-02 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and current, this handbook combines a wide range of international contributors to chart the uneasy relationship between feminism, criminology and victimology. It explores both the historical and contemporary questions posed by feminist work and is essential reading for anyone interested in feminism, criminology and social change.
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.
