Redressing Miscarriages Of Justice Practice And Procedure In International Criminal Cases

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Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases

Author : Geert-Jan Knoops
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004255745
Total Pages : 245 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases by : Geert-Jan Knoops

Download or read book Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2013-06-27 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Redressing Miscarriages of Justice (2nd ed.) Geert-Jan Alexander Knoops offers an extensive review of the (procedural) mechanisms available in different (international) criminal law systems, in order to prevent and redress miscarriages of justice. The mechanisms will be illustrated on the basis of the causes of miscarriages of justice. Disclosure deficiencies, false confessions, eyewitness misidentification and (fraudulent) forensic sciences are all topics that pass in review. The new chapter to this 2nd edition gives particular insight from a defence perspective; it delves into the issue of challenging and investigating forensic “science” reports and is illustrated with some vivid case examples. The book is essential to everyone studying and challenging wrongful convictions, since it combines both procedures and causes.

Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases

Author : Geert-Jan Knoops
Publisher : BRILL
ISBN 13 : 9004478361
Total Pages : 227 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases by : Geert-Jan Knoops

Download or read book Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases written by Geert-Jan Knoops and published by BRILL. This book was released on 2021-08-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.

Defenses in Contemporary International Criminal Law

Author : Geert-Jan G. J. Knoops
Publisher : BRILL
ISBN 13 : 1571051589
Total Pages : 373 pages
Book Rating : 4.5/5 (71 download)

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Book Synopsis Defenses in Contemporary International Criminal Law by : Geert-Jan G. J. Knoops

Download or read book Defenses in Contemporary International Criminal Law written by Geert-Jan G. J. Knoops and published by BRILL. This book was released on 2008 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.

Miscarriages of Justice

Author : Sam Poyser
Publisher : Policy Press
ISBN 13 : 1447327462
Total Pages : 200 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Miscarriages of Justice by : Sam Poyser

Download or read book Miscarriages of Justice written by Sam Poyser and published by Policy Press. This book was released on 2018-05-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Miscarriages of justice occur far more frequently than we realise and have the power to ruin people’s lives. It is crucial for criminal justice practitioners to understand them, given significant developments in recent years in law and police codes of practice. This text, part of the Key themes in policing textbook series, is written by three highly experienced authors with expertise in the fields of criminal investigation, forensic psychology and law and provides an up-to-date and comprehensive analysis of miscarriages of justice. They highlight difficulties in defining miscarriages of justice, examine their dimensions, forms, scale and impact and explore key cases and their causes. Discussing informal and formal remedies against miscarriages of justice, such as campaigns and the role of the media and the Court of Appeal and the Criminal Cases Review Commission (CCRC), they highlight criticism of the activities and decision-making of the latter and examine changes to police investigation in this area. Designed to incorporate ‘evidence-based policing’, each chapter provides questions reflecting on the issues raised in the text and suggestions for further reading.

An Introduction to the Law of International Criminal Tribunals

Author : Geert-Jan Knoops
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 904742901X
Total Pages : 378 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis An Introduction to the Law of International Criminal Tribunals by : Geert-Jan Knoops

Download or read book An Introduction to the Law of International Criminal Tribunals written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2014-09-11 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.

Intersections of Law and Culture at the International Criminal Court

Author : Julie Fraser
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107308
Total Pages : 456 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intersections of Law and Culture at the International Criminal Court by : Julie Fraser

Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

International Criminal Evidence at the International Criminal Court

Author : Geert-Jan Alexander Knoops
Publisher : BRILL
ISBN 13 : 9004364226
Total Pages : 389 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Criminal Evidence at the International Criminal Court by : Geert-Jan Alexander Knoops

Download or read book International Criminal Evidence at the International Criminal Court written by Geert-Jan Alexander Knoops and published by BRILL. This book was released on 2024-10-31 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Compensation for Wrongful Convictions

Author : Wojciech Jasiński
Publisher : Taylor & Francis
ISBN 13 : 1000859312
Total Pages : 222 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Compensation for Wrongful Convictions by : Wojciech Jasiński

Download or read book Compensation for Wrongful Convictions written by Wojciech Jasiński and published by Taylor & Francis. This book was released on 2023-03-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.

Justice

Author : Flora Sapio
Publisher : Cambridge University Press
ISBN 13 : 1107190428
Total Pages : 411 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Justice by : Flora Sapio

Download or read book Justice written by Flora Sapio and published by Cambridge University Press. This book was released on 2017-07-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.

Sights, Sounds, and Sensibilities of Atrocity Prosecutions

Author :
Publisher : BRILL
ISBN 13 : 900467795X
Total Pages : 558 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Sights, Sounds, and Sensibilities of Atrocity Prosecutions by :

Download or read book Sights, Sounds, and Sensibilities of Atrocity Prosecutions written by and published by BRILL. This book was released on 2024-07-29 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of grandfatherly old torturers in Argentina, narco-trafficking in Mexico, colonialisation in India, disinformation and misinformation pixelated in cyberspace, environmental degradation in Cambodia, militarism in Northern Ireland, and civil rights activism in Atlanta. Sights, Sounds, and Sensibilities of Atrocity Prosecutions reimagines what an atrocity means, reconsiders what drives the manufacture of law, and reboots the role of courtrooms and other mechanisms in the pursuit of justice. It unveils how law translates sensory experience into its procedures and institutions, and how humanistic inputs shape perceptions of right and wrong. This book thereby offers a refreshing primer on the underappreciated role of aesthetics, time, and emotion in the world of law. Drumbl and Fournet have done us all a great service in knitting together – in a single, powerfully imagined, volume – these essays about how we might experience the institutionalisation of judgment in atrocity trials. – Gerry Simpson, Professor of Public International Law, LSE Law School (London). Contributions to this volume offer a unique opportunity to delve into law’s hidden landscape using the primary reality of the five senses. – Marina Aksenova, Assistant Professor in Comparative and International Criminal Law, IE Law School (Madrid).

The Global Prosecution of Core Crimes under International Law

Author : Christopher Soler
Publisher : Springer Nature
ISBN 13 : 9462653356
Total Pages : 704 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Global Prosecution of Core Crimes under International Law by : Christopher Soler

Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

Against Capital Punishment

Author : Benjamin S. Yost
Publisher : Oxford University Press
ISBN 13 : 0190901187
Total Pages : 280 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Against Capital Punishment by : Benjamin S. Yost

Download or read book Against Capital Punishment written by Benjamin S. Yost and published by Oxford University Press. This book was released on 2019-02-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The specter of procedural injustice motivates many popular and scholarly objections to capital punishment. So-called proceduralist arguments against the death penalty are attractive to death penalty abolitionists because they sidestep the controversies that bedevil moral critiques of execution. Proceduralists do not shoulder the burden of demonstrating that heinous murderers deserve a punishment less than death. However, proceduralist arguments often pay insufficient attention to the importance of punishment; many imply the highly contentious claim that no type of criminal sanction is legitimate. In Against Capital Punishment, Benjamin S. Yost revitalizes the core of proceduralism both by examining the connection between procedural injustice and the impermissibility of capital punishment and by offering a comprehensive argument of his own which confronts proceduralism's most significant shortcomings. Yost is the first author to develop and defend the irrevocability argument against capital punishment, demonstrating that the irremediability of execution renders capital punishment impermissible. His contention is not that the act of execution is immoral, but rather that the possibility of irrevocable mistakes precludes the just administration of the death penalty. Shoring up proceduralist arguments for the abolition of the death penalty, Against Capital Punishment carries with it implications not only for the continued use of the death penalty in the criminal justice system, but also for the structure and integrity of the system as a whole.

The Routledge International Handbook of Homicide Investigation

Author : Cheryl Allsop
Publisher : Taylor & Francis
ISBN 13 : 1003815359
Total Pages : 360 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The Routledge International Handbook of Homicide Investigation by : Cheryl Allsop

Download or read book The Routledge International Handbook of Homicide Investigation written by Cheryl Allsop and published by Taylor & Francis. This book was released on 2023-12-22 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge International Handbook of Homicide Investigation will be the first of its kind to bring together research and personal insights from detectives, practitioners, academics and experts internationally on various complexities that are involved in the investigation of homicides. The handbook discusses the challenges faced by homicide detectives, especially since not every investigation will demand the same approach. The tools, techniques and expertise required also vary according to the type of homicide that is investigated. This handbook brings these issues and opportunities to the forefront while also illustrating the wider complexities and emotional impact of homicide investigations on detectives and those bereaved by homicide. The book is divided into four parts. Part I provides chapters that explore homicide investigation across the globe. Parts II and III offer an up-to-date insight into the ever-evolving tools and techniques that are used during a homicide investigation and explore how specific types of homicides are investigated. Part IV considers both those directly affected by the homicide and the role of indirect victims in the investigation, including the impact of homicide and its investigation. Chapters also consider some recent developments in homicide investigation that may shape its future as well as current issues that are facing homicide detectives. Providing cutting-edge research on every step of the criminal homicide investigation process, this handbook is essential reading for scholars, students and practitioners interested in homicide investigation.

The FBI and Religion

Author : Sylvester A. Johnson
Publisher : Univ of California Press
ISBN 13 : 0520962427
Total Pages : 377 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis The FBI and Religion by : Sylvester A. Johnson

Download or read book The FBI and Religion written by Sylvester A. Johnson and published by Univ of California Press. This book was released on 2017-02-07 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Bureau of Investigation has had a long and tortuous relationship with religion over almost the entirety of its existence. As early as 1917, the Bureau began to target religious communities and groups it believed were hotbeds of anti-American politics. Whether these religious communities were pacifist groups that opposed American wars, or religious groups that advocated for white supremacy or direct conflict with the FBI, the Bureau has infiltrated and surveilled religious communities that run the gamut of American religious life. The FBI and Religion recounts this fraught and fascinating history, focusing on key moments in the Bureau’s history. Starting from the beginnings of the FBI before World War I, moving through the Civil Rights Movement and the Cold War, up to 9/11 and today, this book tackles questions essential to understanding not only the history of law enforcement and religion, but also the future of religious liberty in America.

Forensic DNA Trace Evidence Interpretation

Author : Duncan Taylor
Publisher : CRC Press
ISBN 13 : 1000801381
Total Pages : 583 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Forensic DNA Trace Evidence Interpretation by : Duncan Taylor

Download or read book Forensic DNA Trace Evidence Interpretation written by Duncan Taylor and published by CRC Press. This book was released on 2023-05-30 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic DNA Trace Evidence Interpretation: Activity Level Propositions and Likelihood Ratios provides all foundational information required for a reader to understand the practice of evaluating forensic biology evidence given activity level propositions and to implement the practice into active casework within a forensic institution. The book begins by explaining basic concepts and foundational theory, pulling together research and studies that have accumulated in forensic journal literature over the last 20 years. The book explains the laws of probability - showing how they can be used to derive, from first principles, the likelihood ratio - used throughout the book to express the strength of evidence for any evaluation. Concepts such as the hierarchy of propositions, the difference between experts working in an investigative or evaluative mode and the practice of case assessment and interpretation are explained to provide the reader with a broad grounding in the topics that are important to understanding evaluation of evidence. Activity level evaluations are discussed in relation to biological material transferred from one object to another, the ability for biological material to persist on an item for a period of time or through an event, the ability to recover the biological material from the object when sampled for forensic testing and the expectations of the prevalence of biological material on objects in our environment. These concepts of transfer, persistence, prevalence and recovery are discussed in detail in addition to the factors that affect each of them. The authors go on to explain the evaluation process: how to structure case information and formulate propositions. This includes how a likelihood ratio formula can be derived to evaluate the forensic findings, introducing Bayesian networks and explaining what they represent and how they can be used in evaluations and showing how evaluation can be tested for robustness. Using these tools, the authors also demonstrate the ways that the methods used in activity level evaluations are applied to questions about body fluids. There are also chapters dedicated to reporting of results and implementation of activity level evaluation in a working forensic laboratory. Throughout the book, four cases are used as examples to demonstrate how to relate the theory to practice and detail how laboratories can integrate and implement activity level evaluation into their active casework.

Reluctant Engagement: U.S. Policy and the International Criminal Court

Author : Mark D. Kielsgard
Publisher : BRILL
ISBN 13 : 9004189750
Total Pages : 406 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Reluctant Engagement: U.S. Policy and the International Criminal Court by : Mark D. Kielsgard

Download or read book Reluctant Engagement: U.S. Policy and the International Criminal Court written by Mark D. Kielsgard and published by BRILL. This book was released on 2010-09-24 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has the United States taken such a firm stance against the International Criminal Court (ICC) and expended such diplomatic goodwill in an attempt to dismantle a tribunal that poses no serious risk to its citizens? This book critiques causal ideologies such as American exceptionalism, state sovereignty and laissez-faire capitalism to show how U.S. opposition is driven by pervasive political, legal, historic, military and economic conditioning factors. It shows how U.S. attitudes transcend partisan politics and predicts how the U.S.-ICC relationship will be affected by the economic crisis, shifting international geopolitical power structures, the crisis in the U.S. military, unfolding international human rights law and the “politics of change” promised by the nascent Obama administration. “The United States has been at the centre of international criminal justice initiatives, from Nuremberg to the more recent ad hoc tribunals for the former Yugoslavia, Rwanda, Sierra Leone and Lebanon. But its position has been lukewarm and sometimes, in the darkest days of the Bush administration, outright hostile to the International Criminal Court. Filling a gap in the literature, Dr Mark Kielsgard reviews the history of American policy, analysing the factors that have driven it, making useful and practical suggestions aimed at greater engagement of the United States with the International Criminal Court.” Professor William A. Schabas

Impediments to Exercising Jurisdiction Over International Crimes

Author : Yasmin Naqvi
Publisher : T.M.C. Asser Press
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Impediments to Exercising Jurisdiction Over International Crimes by : Yasmin Naqvi

Download or read book Impediments to Exercising Jurisdiction Over International Crimes written by Yasmin Naqvi and published by T.M.C. Asser Press. This book was released on 2010-01-28 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the growing assumptions about the exercise of jurisdiction over international crimes – that legal impediments are invalid in the face of the imperative to prosecute crimes of this gravity. Six principal impediments to the exercise of jurisdiction over international crimes are individually and comparatively analysed from the perspective of their historical origins, the policy contexts justifying them, and the legal arguments used by courts and commentators to either uphold the barrier to prosecution or to reject its application so that prosecution remains unhindered. These six impediments are: (1) Amnesties; (2) Pardons; Statutes of Limitation; (4) Immunities; (5) Ne bis in Idem (double jeopardy); and (6) Abuse of process. The author proposes that an approach based upon an ‘interests analysis’, derived from policy oriented approaches to international law, provides a reasonable, coherent, and transparent means for courts to resolve the question of jurisdiction when faced with competing rules or principles such as those forming the basis of the research. Each chapter contains a theoretical evaluation of one of the mentioned impediments, as well as a comprehensive and up to date discussion of relevant case-law from both world-wide domestic and international jurisdictions. This volume builds upon Yasmin Naqvi’s expertise as a scholar and a lawyer working for the Chambers of the International Criminal Tribunal for the former Yugoslavia. She has also held positions at the International Committee of the Red Cross, the Graduate Institute of International and Development Studies in Geneva, and as a legal consultant on transitional justice and special procedures at the United Nations Office of the High Commissioner for Human Rights.