Criminal Law-Making

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Author :
Publisher : Springer Nature
ISBN 13 : 3030713482
Total Pages : 233 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Criminal Law-Making by : José Becerra

Download or read book Criminal Law-Making written by José Becerra and published by Springer Nature. This book was released on 2021-05-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.

Political Crime

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Publisher : Forgotten Books
ISBN 13 : 9781330022986
Total Pages : 388 pages
Book Rating : 4.0/5 (229 download)

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Book Synopsis Political Crime by : Louis Proal

Download or read book Political Crime written by Louis Proal and published by Forgotten Books. This book was released on 2015-06-02 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Political Crime Monsieur Louis Proal, a judge of the Court of Appeal at Aix, is a recognised authority on the theory of crime and punishment. His first important work, "Le Crime et La Peine," published at Paris in 1892, was crowned by the Institute. Offering an interpretation of increasing crime different from that which had been forced upon public attention by criminal anthropologists, it insisted upon the reality of moral responsibility and the duty of the state to punish the evil-doer. It was marked throughout by a sincere ethical spirit as well as by scientific carefulness, and was a much-needed corrective of the more extreme "anthropological" views of the Italian school. In 1895 appeared the work here translated, "La Criminalité Politique." The term "political crime" has two meanings. Perhaps the more familiar one is that of crimes against governments, such as treason, insurrection, and rebellion. The phrase is used in this sense by the Italian writers Lombroso and Laschi in their work "II delitto politico e le rivoluzioni in rapporto al diritto, all antropologia criminale ed alla scienza di governo" (Political Crime and Revolutions). About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Punitivity: Insecurity and punitiveness

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Author :
Publisher : Brockmeyer Verlag
ISBN 13 : 3819607781
Total Pages : 609 pages
Book Rating : 4.8/5 (196 download)

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Book Synopsis Punitivity: Insecurity and punitiveness by : Helmut Kury

Download or read book Punitivity: Insecurity and punitiveness written by Helmut Kury and published by Brockmeyer Verlag. This book was released on 2011 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminology and Criminal Policy Movements

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Publisher : Rowman & Littlefield
ISBN 13 : 0761858520
Total Pages : 495 pages
Book Rating : 4.7/5 (618 download)

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Book Synopsis Criminology and Criminal Policy Movements by : Eugenio Raúl Zaffaroni

Download or read book Criminology and Criminal Policy Movements written by Eugenio Raúl Zaffaroni and published by Rowman & Littlefield. This book was released on 2013 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice."--Publisher's website.

Global Criminal Law

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Publisher : Springer Nature
ISBN 13 : 3030848310
Total Pages : 116 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Global Criminal Law by : Adán Nieto Martín

Download or read book Global Criminal Law written by Adán Nieto Martín and published by Springer Nature. This book was released on 2021-10-25 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.

Victim Policies and Criminal Justice on the Road to Restorative Justice

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Author :
Publisher : Leuven University Press
ISBN 13 : 9789058671813
Total Pages : 466 pages
Book Rating : 4.6/5 (718 download)

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Book Synopsis Victim Policies and Criminal Justice on the Road to Restorative Justice by : Tony Peters

Download or read book Victim Policies and Criminal Justice on the Road to Restorative Justice written by Tony Peters and published by Leuven University Press. This book was released on 2001 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume contains 22 papers organized into three sections under the following headings: part I is entitled On Promoting Victim Policies; Part II On Reforming Criminal Justice; and Part III On Restorative Justice. All three areas are ones to which Tony Peters, former Professor of Criminology in Leuven, has made a significant contribution and for which he is known as an international authority. During his long and productive academic career Tony Peters led many struggles for criminal justice reform. He was a leading figure in the movement to recognize crime victims' plight and to reaffirm their rights. In Belgium, he spearheaded the early initiatives in restorative justice and became one of its outspoken proponents nationally and internationally. There is no doubt that these three major topics and the various developments and reforms that are addressed in the papers will dominate the thinking about, and the practice of, criminal justice in the years to come. Thus, in addition to paying homage to a congenial friend and an illustrious colleague, it is hoped that this book will appeal and prove useful to all those who have an interest in victims issues, in criminal justice reform, and last but not least, in the promising paradigm of restorative justice.

European Drug Policies

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Publisher : Routledge
ISBN 13 : 1317426940
Total Pages : 369 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis European Drug Policies by : Renaud Colson

Download or read book European Drug Policies written by Renaud Colson and published by Routledge. This book was released on 2017-01-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The drug control regime established by the international community has not succeeded in curbing either the demand for, or the offer of, narcotics. But, despite a series of developments in the Americas – including the legalisation of cannabis in Uruguay and in several states in the United States of America – there is still little support in Europe for repealing drug-prohibition laws. Nevertheless, a gradual policy convergence reveals the emergence of a European model favouring public-health strategies over a strictly penal approach to combatting drugs, while growing transnational support for legalisation indicates the persistence of an alternative paradigm for drug policy. This book examines the various influences on drug policies in Europe, as grassroots movements, NGO networks, private foundations and academic research centres increasingly confront the prevailing discourses of drug prohibition. Pursuing an interdisciplinary approach and bringing together legal scholars, social scientists and practitioners, it provides a comprehensive and critical assessment of drug policy reform in Europe.

Social Exclusion and the Criminal Justice System

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1040030130
Total Pages : 320 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Social Exclusion and the Criminal Justice System by : Elisa García-España

Download or read book Social Exclusion and the Criminal Justice System written by Elisa García-España and published by Taylor & Francis. This book was released on 2024-06-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of the latest in a long-running research project using the RIMES instrument, developed by scholars in Spain. Here, RIMES is used to measure the extent of social exclusion resulting from the penal system in comparative perspective. The volume shows the results of the application of the instrument in seven criminal justice systems: Germany, Italy, Spain, Poland, England and Wales, California, and New York. Divided into two parts, the first provides a general overview of the RIMES instrument, including a discussion of the theoretical model and the methodology. The second part focuses on the results of the application of RIMES in the seven jurisdictions. The comparative results are organised according to the nine dimensions included in the RIMES instrument: control of public spaces; legal safeguards; sentencing and sanctions systems; harshest penalties; prison rules; preventive intervention; legal and social status of offenders and ex-offenders; police and criminal records; and youth criminal justice. The last chapter summarizes the comparative results and ranks them in terms of the findings on social exclusion. The book will be of interest to academics, researchers and policy-makers working in the areas of Comparative Criminal Justice, Criminology, Criminal Law and Policy.

Desaparición forzada de personas y equivalencia funcional: Una propuesta de recepción del derecho penal internacional

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Author :
Publisher : Editorial Ink
ISBN 13 : 6075601619
Total Pages : 121 pages
Book Rating : 4.0/5 (756 download)

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Book Synopsis Desaparición forzada de personas y equivalencia funcional: Una propuesta de recepción del derecho penal internacional by : Francisco Javier Dondé Matute

Download or read book Desaparición forzada de personas y equivalencia funcional: Una propuesta de recepción del derecho penal internacional written by Francisco Javier Dondé Matute and published by Editorial Ink. This book was released on 2023-11-22 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: El presente estudio busca resolver un problema en la aplicación del derecho internacional: la implementación de tipos penales en la ley penal nacional a partir de las obligaciones internacionales. El dilema jurídico consiste en conciliar las obligaciones que tienen los Estados, derivadas de los tratados de represión penal, con las exigencias del derecho penal democrático, previsto en las constituciones y en los derechos humanos. A este ejercicio de equilibrio se le denomina técnica de la equivalencia funcional. Se toma como modelo de aplicación la desaparición forzada de personas por la complejidad del crimen internacional. Su regulación internacional está prevista en diversos tratados, las conductas son diversas pero entrelazadas y los elementos son diferentes. Así, es un buen caso de estudio para la aplicación de esta técnica. Además, el estudio se realiza con base en la legislación mexicana, que sirve también como modelo de análisis dentro de un marco legal ya existente.

The Western Codification of Criminal Law

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Author :
Publisher : Springer
ISBN 13 : 3319719122
Total Pages : 427 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis The Western Codification of Criminal Law by : Aniceto Masferrer

Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Law and Society in Latin America

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Publisher : Routledge
ISBN 13 : 1136002405
Total Pages : 306 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Law and Society in Latin America by : Cesar Garavito

Download or read book Law and Society in Latin America written by Cesar Garavito and published by Routledge. This book was released on 2014-09-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

Dual Markets

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Publisher : Springer
ISBN 13 : 331965361X
Total Pages : 406 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Dual Markets by : Ernesto U. Savona

Download or read book Dual Markets written by Ernesto U. Savona and published by Springer. This book was released on 2017-11-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume analyzes dual markets for regulated substances and services, and aims to provide a framework for their effective regulation. A “dual market” refers to the existence of both a legal and an illegal market for a regulated product or service (for example, prescription drugs). These regulations exist in various countries for a mix of public health, historical, political and cultural reasons. Allowing the legal market to thrive, while trying to eliminate the illegal market, provides a unique challenge for governments and law enforcement. Broken down into nine main sections, the book studies comparative international policies for regulating these “dual markets” from a historical, legal, and cultural perspective. It includes an analysis of the markets for psychoactive substances that are illegal in most countries (such as marijuana, cocaine, opiods and amphetimines), psychoactive substances which are legal in most countries and where consumption is widespread (such as alcohol and tobacco), and services that are generally regulated or illegal (such as sports betting, the sex trade, and gambling). For each of these nine types of markets, contributions focus on the relationship between regulation, the emerging illegal market, and the resulting overall access to these services. This work aims to provide a comprehensive framework from a historical, cultural, and comparative international perspective. It will be of interest to researchers in criminology and criminal justice, particularly with an interest in organized crime, as well as related fields such as sociology, public policy, international relations, and public health.

Lawfare — Judicial Warfare in Spain

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Publisher : Liverpool University Press
ISBN 13 : 1782847804
Total Pages : 209 pages
Book Rating : 4.7/5 (828 download)

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Book Synopsis Lawfare — Judicial Warfare in Spain by : Damià Del Clot

Download or read book Lawfare — Judicial Warfare in Spain written by Damià Del Clot and published by Liverpool University Press. This book was released on 2023-04-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics

Conceptions and Misconceptions of Legislation

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Author :
Publisher : Springer
ISBN 13 : 3030120686
Total Pages : 344 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Conceptions and Misconceptions of Legislation by : A. Daniel Oliver-Lalana

Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana and published by Springer. This book was released on 2019-06-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.

Criminal law between war and peace

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Author :
Publisher : Ministerio de Justicia
ISBN 13 : 9788484276876
Total Pages : 820 pages
Book Rating : 4.2/5 (768 download)

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Book Synopsis Criminal law between war and peace by : Stefano Manacorda

Download or read book Criminal law between war and peace written by Stefano Manacorda and published by Ministerio de Justicia. This book was released on 2009 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.

Multilevel Protection of the Principle of Legality in Criminal Law

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Author :
Publisher : Springer
ISBN 13 : 3319638653
Total Pages : 237 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Multilevel Protection of the Principle of Legality in Criminal Law by : Mercedes Pérez Manzano

Download or read book Multilevel Protection of the Principle of Legality in Criminal Law written by Mercedes Pérez Manzano and published by Springer. This book was released on 2017-10-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

Towards a Rational Legislative Evaluation in Criminal Law

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Author :
Publisher : Springer
ISBN 13 : 3319328956
Total Pages : 386 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Towards a Rational Legislative Evaluation in Criminal Law by : Adán Nieto Martín

Download or read book Towards a Rational Legislative Evaluation in Criminal Law written by Adán Nieto Martín and published by Springer. This book was released on 2016-08-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.