Criminal Justice and Human Rights Law in a Globalised System

Criminal Justice and Human Rights Law in a Globalised System PDF Author: Frank I. Asogwah
Publisher:
ISBN: 9789782409225
Category : Criminal justice, Administration of
Languages : en
Pages : 566

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Book Description

Criminal Justice and Human Rights Law in a Globalised System

Criminal Justice and Human Rights Law in a Globalised System PDF Author: Frank I. Asogwah
Publisher:
ISBN: 9789782409225
Category : Criminal justice, Administration of
Languages : en
Pages : 566

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Book Description


Human Rights and the Criminal Justice System

Human Rights and the Criminal Justice System PDF Author: Anthony Amatrudo
Publisher: Routledge
ISBN: 1135145431
Category : Law
Languages : en
Pages : 182

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Book Description
We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.

Globalization and Its Impact on the Future of Human Rights and International Criminal Justice

Globalization and Its Impact on the Future of Human Rights and International Criminal Justice PDF Author: M. Cherif Bassiouni
Publisher:
ISBN: 9781780683300
Category : Globalization
Languages : en
Pages : 0

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Book Description
With globalization, state priorities concerning human rights and international criminal justice have subtly changed. This is particularly evident in the enhanced concerns of states with issues of national security, as they are perceived in so many different ways. At the same time, states' ability to govern and deliver public services are increasingly being challenged. Science and technology dominate the present state of globalization, having increased human interdependence and interconnectedness, but with paradoxical positive and negative effects and outcomes. They enhance the power and wealth of certain states while increasing the gap between those states and others. Social, economic, and political disparities have intensified. Internal state dysfunction is on the increase as evidenced by the number of failed and failing states among developing and under-developed societies. Globalization has also provided some states with a greater claim of exceptionalism. That claim is also extended to certain multi-national corporations and other non-state actors (NSAs) because of their wealth, worldwide activities, and their economic and political power. As a result, such entities have benefited from impunity, notwithstanding the harmful consequences of their conduct on human beings and on the environment. Environmental changes will continue to unleash harmful consequences on certain parts of the world, which will impact certain populations. As these and other negative consequences of globalization occur, the values and legal protections afforded to human rights, including an end to impunity for international crimes, is receding. This book examines the current impact of globalization on the future of human rights and international criminal justice. Subject: International Law, Human Rights Law, Criminal Law]

Globalisation, Criminal Law and Criminal Justice

Globalisation, Criminal Law and Criminal Justice PDF Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 178225272X
Category : Social Science
Languages : en
Pages : 374

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Book Description
The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.

Criminal Legalities in the Global South

Criminal Legalities in the Global South PDF Author: Pablo Ciocchini
Publisher: Routledge
ISBN: 0429861680
Category : Law
Languages : en
Pages : 211

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Book Description
This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.

Global Crime and Justice

Global Crime and Justice PDF Author: David Jenks
Publisher: Taylor & Francis
ISBN: 1315439557
Category : Law
Languages : en
Pages : 345

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Book Description
Global Crime and Justice offers a transnational examination of deviance and social controls around the world. Unlike many CJ texts detailing the systems of select nations, or books that merely catalog types of international crime, Global Crime and Justice provides a critical and integrated investigation of the nature of crime and how a society reacts to it. The book first details types of international crime, including genocide, war crimes, international drug and weapons smuggling, terrorism, slavery, and human trafficking. The second half covers international law, international crime control, the use of martial law, and the challenges of balancing public order and human and civil rights.

Criminal Legalities and Minorities in the Global South

Criminal Legalities and Minorities in the Global South PDF Author: George B. Radics
Publisher: Springer Nature
ISBN: 3031179188
Category : Social Science
Languages : en
Pages : 303

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Book Description
This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work.

Judgments of Love in Criminal Justice

Judgments of Love in Criminal Justice PDF Author: Farhad Malekian
Publisher: Springer
ISBN: 3319469002
Category : Law
Languages : en
Pages : 349

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Book Description
This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

The Global Prosecution of Core Crimes under International Law

The Global Prosecution of Core Crimes under International Law PDF Author: Christopher Soler
Publisher: Springer Nature
ISBN: 9462653356
Category : Law
Languages : en
Pages : 695

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Book Description
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.

The Right to The Truth in International Law

The Right to The Truth in International Law PDF Author: Melanie Klinkner
Publisher: Routledge
ISBN: 1317335082
Category : Law
Languages : en
Pages : 287

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Book Description
The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.