European Criminal Procedures

European Criminal Procedures PDF Author: Mireille Delmas-Marty
Publisher: Cambridge University Press
ISBN: 9780521591102
Category : Law
Languages : en
Pages : 840

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Revised by Elena Ricci

European Criminal Procedures

European Criminal Procedures PDF Author: Mireille Delmas-Marty
Publisher: Cambridge University Press
ISBN: 9780521591102
Category : Law
Languages : en
Pages : 840

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Book Description
Revised by Elena Ricci

Internationales und Ausländisches Recht

Internationales und Ausländisches Recht PDF Author: Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin
Publisher:
ISBN:
Category : Berlin (Germany)
Languages : en
Pages : 1046

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Justice In-Between

Justice In-Between PDF Author: Federico Picinali
Publisher: Oxford University Press
ISBN: 0192633546
Category : Law
Languages : en
Pages : 305

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Book Description
Most contemporary criminal justice systems adopt a 'binary' system of verdicts. In a binary system, there is a single evidential threshold, or standard of proof. If the standard is met, the verdict is 'guilty', the defendant is convicted, and punishment is permitted. If the standard is not met, the verdict is 'not guilty', the defendant is acquitted, and punishment is forbidden. There is no middle ground between the verdict of 'not guilty' and that of 'guilty'. An intermediate verdict represents such middle ground, intermediate between acquittal and conviction both in terms of the strength of the incriminating evidence that is needed to warrant the verdict and in terms of the severity of the consequences that the verdict may produce for the defendant. Justice In-Between is a study of intermediate criminal verdicts and advances a novel justification of such controversial devices, with the aim to produce a consensus amongst scholars subscribing to different theories of punishment. Indeed, the book shows that one cannot investigate the choice of the standard of proof nor, importantly, that of the verdict system, in isolation from the question of the justification for punishing. Justice In-Between studies historical and extant examples of intermediate criminal verdicts and engages with the debates that have accompanied them, including the popular argument that intermediate criminal verdicts are incompatible with the presumption of innocence. In doing so, the book offers an original account of the meaning and of the justification of the presumption. Relying on decision theory, Justice In-Between makes a case for intermediate criminal verdicts and shows that such decision-theoretic case is viable under any of the main theories of punishment.

Exclusionary Rules in Comparative Law

Exclusionary Rules in Comparative Law PDF Author: Stephen C. Thaman
Publisher: Springer Science & Business Media
ISBN: 9400753489
Category : Law
Languages : en
Pages : 461

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Book Description
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.

Criminal Law in Liberal and Fascist Italy

Criminal Law in Liberal and Fascist Italy PDF Author: Paul Garfinkel
Publisher: Cambridge University Press
ISBN: 1316817733
Category : History
Languages : en
Pages : 907

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Book Description
By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861–1922) to the Fascist era (1922–43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.

The Criminal Process and Human Rights

The Criminal Process and Human Rights PDF Author: Mark A. Summers
Publisher: BRILL
ISBN: 9004632441
Category : Law
Languages : en
Pages : 221

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Book Description
The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Université de Paris I - Panthéon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)

National Union Catalog

National Union Catalog PDF Author:
Publisher:
ISBN:
Category : Union catalogs
Languages : en
Pages : 1032

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Book Description
Includes entries for maps and atlases.

The Limits of Criminological Positivism

The Limits of Criminological Positivism PDF Author: Michele Pifferi
Publisher: Routledge
ISBN: 1000476294
Category : History
Languages : en
Pages : 302

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Book Description
The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.

A Polyglot Commercial Correspondence Compiled on a Special Plan in the English, German, French, Italian, Spanish and Portuguese Languages, Each Part Forming an Original Text and the Others Being the Translations Or Keys to it ...: Parte portugueza (1915)

A Polyglot Commercial Correspondence Compiled on a Special Plan in the English, German, French, Italian, Spanish and Portuguese Languages, Each Part Forming an Original Text and the Others Being the Translations Or Keys to it ...: Parte portugueza (1915) PDF Author: Gaetano Frisoni
Publisher:
ISBN:
Category : Commercial correspondence
Languages : en
Pages : 600

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Fur-seal Arbitration

Fur-seal Arbitration PDF Author: United States
Publisher:
ISBN:
Category : Bering Sea controversy
Languages : en
Pages : 820

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