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Constitucional Civil E Criminal
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Book Synopsis Constitucional Civil e Criminal by : Joaquim Alves
Download or read book Constitucional Civil e Criminal written by Joaquim Alves and published by . This book was released on 2014-12-16 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joaquim Dias Alves, professor universitário, escritor. Especialista em Direito Processual Penal pela EPM - Escola Paulista da Magistratura; Direito Penal e Direito Processual Penal pela Faculdade Damasio; Direito Processual Civil pela Faculdade Damasio; Mestrando em Direito Processual Penal pela PUC/SP; docente lecionou na Unianchieta; Unianhanguera; e PUC/SP, as seguintes disciplinas: Teoria Geral do Estado; Introdução ao Direito e Direito Constitucional; atualmente é docente na Academia de Policia Civil de São Paulo em várias disciplinas. Ao estudarmos a relação existente e necessária entre o Estado Democrático e o de Direito, não há como ignorarmos que a aplicação da lei pelo Estado, em seu direito e dever de punir, é um anseio da sociedade. Espera-se que o cidadão que cometeu uma infração penal seja submetido a uma lei humana, responsável e justa. Não se deseja que o criminoso seja levado a uma fogueira, mas sim a uma prisão, desde que ele tenha sido devida e justamente condenado. Para que isso seja possível é necessário que os princípios fundamentais previstos na Constituição sejam aplicados pelos Poderes do Estado e seus respectivos órgãos de forma independente, mas harmoniosa, sempre no respaldo do Estado de Direito Democrático. A jurisdição em nossa Carta Maior é monopólio do Poder Judiciário, porque o ato de dizer o direito tem que ser exclusivo do poder "Estado-Juiz", pois se os direitos e garantias, frutos do Estado Democrático de Direito, só podem ser discutidos por apenas um órgão estatal, senão estaríamos caminhando aos princípios iniciais da Revolução Francesa, que aceitava a igualdade apenas material, e terminou como a história menciona, debulhada em muito sangue e abuso de poder.
Book Synopsis Adjudicative Criminal Procedure by : Jens David Ohlin
Download or read book Adjudicative Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023-09-14 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicative Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Coverage of Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing the chaotic situation from Apodaca and its confusing array of overlapping plurality opinions. Supreme Court’s decision in Edwards v. Vannoy (2021) that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility to be useful for a variety of professors with different teaching styles) Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Book Synopsis Basic Criminal Law by : Anniken Davenport
Download or read book Basic Criminal Law written by Anniken Davenport and published by Pearson Higher Ed. This book was released on 2011-11-21 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. Basic Criminal Law, Third Edition offers a comprehensive, well-organized approach to understanding key legal concepts and to developing the real-world skills students will as paralegals or in other criminal justice roles. Thoroughly updated for the latest trends, it guides students through the history of criminal law, the crimes themselves, and specific legal procedures. To promote interest, it presents crimes first and then procedures, and highlights current events and case law throughout. This edition’s new features include: completely revamped end-of-chapter material, including a comprehensive Building Your Professional Skills section; a new chapter on sex crimes; more coverage of evidence, technology, and appeals; more charts and diagrams; new state-specific examples, and updated case studies throughout.
Book Synopsis JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional by : Renata Furtado de Barros
Download or read book JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-12-10 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.
Book Synopsis Understanding Due Process in Non-Criminal Matters by : Ricardo Lillo Lobos
Download or read book Understanding Due Process in Non-Criminal Matters written by Ricardo Lillo Lobos and published by Springer Nature. This book was released on 2022-07-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law. The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice. This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.
Book Synopsis Programma Do Curso de Processo Civil Ou Apontamentos Para as Licoes Da 3a Cadeira Do 4o Anno Da Faculdade de Direito de S. Paulo by : Joao Monteiro
Download or read book Programma Do Curso de Processo Civil Ou Apontamentos Para as Licoes Da 3a Cadeira Do 4o Anno Da Faculdade de Direito de S. Paulo written by Joao Monteiro and published by . This book was released on 1899 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Civil Recovery of Criminal Property by : Colin King
Download or read book Civil Recovery of Criminal Property written by Colin King and published by Oxford University Press. This book was released on 2023-08-17 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Follow-the-money' approaches are increasingly being adopted to tackle organised crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework, judicial reception, and case law development. It leads the argument that civil recovery -- like other civil/criminal hybrids -- straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights. Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a wide-ranging analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its supposed pragmatism in tackling the problem of serious and organised crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.
Book Synopsis Ne bis in idem and Multiple Sanctioning Systems by : Javier Ignacio Escobar Veas
Download or read book Ne bis in idem and Multiple Sanctioning Systems written by Javier Ignacio Escobar Veas and published by Springer Nature. This book was released on 2023-01-23 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.
Book Synopsis Case Law in Roman, Anglosaxon and Continental Law by : María José Falcón y Tella
Download or read book Case Law in Roman, Anglosaxon and Continental Law written by María José Falcón y Tella and published by BRILL. This book was released on 2011-08-25 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Case law is a widely studied field, posing a series of questions. The first issue relates to the nature of case law itself, as the term cannot be given a single meaning. There is no one definition of case law, but rather a plurality of meanings depending on the historical period and legal system in question. After an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction, and distinguishes between the case laws of the Supreme and Constitutional Courts, the European courts, and the Superior Courts of Justice of the Autonomous Communities. The book analyses these issues, among many others, in a clear and in-depth manner, from an historical and comparative approach of great interest and academic value.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Courts and Democratic Values by : Víctor Ferreres Comella
Download or read book Constitutional Courts and Democratic Values written by Víctor Ferreres Comella and published by Yale University Press. This book was released on 2009-12-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
Book Synopsis Trübner's American and Oriental Literary Record by : Nicolas Trübner
Download or read book Trübner's American and Oriental Literary Record written by Nicolas Trübner and published by . This book was released on 1871 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparing Tort and Crime by : Matthew Dyson
Download or read book Comparing Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2015-07-02 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Book Synopsis A Guide to the Law and Legal Literature of the Mexican States by : Helen Lord Clagett
Download or read book A Guide to the Law and Legal Literature of the Mexican States written by Helen Lord Clagett and published by . This book was released on 1947 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judiciaries within Europe by : John Bell
Download or read book Judiciaries within Europe written by John Bell and published by Cambridge University Press. This book was released on 2006-08-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.
Book Synopsis Trübner's American and Oriental literary record by :
Download or read book Trübner's American and Oriental literary record written by and published by . This book was released on 1870 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitution of Spain by : Victor Ferreres Comella
Download or read book The Constitution of Spain written by Victor Ferreres Comella and published by Bloomsbury Publishing. This book was released on 2013-05-13 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was framed. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and local government. The last two chapters deal with the constitutional role of courts, and the protection of fundamental rights. The book includes some reflections on the challenges that lie ahead and the constitutional reforms that may need to be considered in the future.
