Author: Dirk van Zyl Smit
Publisher: OUP Oxford
ISBN: 0191018821
Category : Law
Languages : en
Pages : 488
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Book Description
In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.
Author: Dirk van Zyl Smit
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 498
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Book Description
The history of European prison law and policy -- Context and theory -- Basic principles --Conditions of imprisonment -- The prison regime -- Contact with the outside world --Good order -- Release -- The future of European prison law and policy.
Author: Tom Daems
Publisher: Bloomsbury Publishing
ISBN: 1782251294
Category : Law
Languages : en
Pages : 384
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Book Description
Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.
Author: Nicola Padfield
Publisher: Routledge
ISBN: 1134029268
Category : Social Science
Languages : en
Pages : 476
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Book Description
Release from prison is matter of increasing interest throughout Europe. On the one hand, arguments about the need to reduce prison numbers, as well the consistent findings that prisoners can be integrated into society more effectively if they are subject to a period of supervision in the community, have made early release policies attractive to governments and to academic commentators. On the other hand, there are concerns that early release may not be applied fairly to all prisoners. This book aims to meet the need for comparative information on release from prison across Europe and explores some of the key themes and issues. The body of the book focuses on country perspectives, providing an invaluable survey of the situation in a number of European countries. The introductory and concluding chapters place the comparative material in a broader perspective. They explain how release policy is related to wider questions about justice and fairness in prison-related decision-making and the changing place of imprisonment in European society.
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Committee on Causes and Consequences of High Rates of Incarceration
Publisher: National Academies Press
ISBN: 9780309298018
Category : Law
Languages : en
Pages : 800
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Book Description
After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.
Author: Nora V. Demleitner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 858
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Book Description
Four leading sentencing scholars have produced the first and only text with enough up-to-date material to support a full course or seminar on sentencing. Other texts offer only partial coverage or out-of-date examples. The chapters in Sentencing Law and Policy: Cases, Statutes, and Guidelines present examples from three distinct types of sentencing guideline-determinate, and capital. The materials draw on the full spectrum of legal institutions, from the U.S. Supreme Court To The state court level, with close consideration of the role of legislatures and sentencing commissions. The only current, full-course text on sentencing, this new title offers: an 'intuitive', conceptually-based organization that looks at the essential substantative components and procedural steps following the sequence of decisions that typically occurs in every criminal sentencing examples covering three distinct areas of sentencing, with chapter materials based on guideline-determinate, indeterminate, and capital sentencing materials from a range of institutions, including decision from the U.S. Supreme Court, state high courts, federal appellate courts, and some foreign jurisdictions - along with statutes and guideline provisions, and reports from various sentencing commissions and agencies in-text notes on sentencing policies that explain common practices in U.S. jurisdictions, then ask students to compare different institutional practices and consider the relationship between sentencing rules, politics, And The broader aims of criminal justice
Author: Warren Rosenblum
Publisher: UNC Press Books
ISBN: 1469606763
Category : Law
Languages : en
Pages : 341
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Book Description
Germany today has one of the lowest incarceration rates in the industrialized world, and social welfare principles play an essential role at all levels of the German criminal justice system. Warren Rosenblum examines the roots of this social approach to criminal policy in the reform movements of the Wilhelmine and Weimar periods, when reformers strove to replace state institutions of control and incarceration with private institutions of protective supervision. Reformers believed that private charities and volunteers could diagnose and treat social pathologies in a way that coercive state institutions could not. The expansion of welfare for criminals set the stage for a more economical system of punishment, Rosenblum argues, but it also opened the door to new, more expansive controls over individuals marked as "asocial." With the reformers' success, the issue of who had power over welfare became increasingly controversial and dangerous. Other historians have suggested that the triumph of eugenics in the 1890s was predicated upon the abandonment of liberal and Christian assumptions about human malleability. Rosenblum demonstrates, however, that the turn to "criminal biology" was not a reaction against social reform, but rather an effort to rescue its legitimacy.
Author: Denis Abels
Publisher: Springer Science & Business Media
ISBN: 9067048879
Category : Law
Languages : en
Pages : 857
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Book Description
Little has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals’ jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the law’s underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals’ sentences. In respect of substantive law, it examines the detainees’ right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals’ detention law, particularly because it is the first monograph written on the topic.
Author: Miranda Boone
Publisher: Routledge
ISBN: 1315407485
Category : Social Science
Languages : en
Pages : 304
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Book Description
This book provides a comparative analysis of the process of breach across ten different European jurisdictions by identifying and elaborating a number of key analytical themes through which the different systems can be compared and evaluated. It is informed by and hopes to advance the research activities of the COST Action IS1106 on Offender Supervision in Europe, particularly the Action’s work on developing new comparative methodologies to examine the process of decision-making involved in the breaching of offenders for non-compliance. This volume consists of country chapters and thematic chapters. Analyses are based on exhaustive reviews of the literature available in each jurisdiction as well as the results of an empirical pilot study to provide a unique and valuable insight into current practice as well as enhancing our understanding of the contingencies and vagaries of the processes of breach as they exist in both civil and common law European jurisdictions. The key themes and emerging concerns that are explored include: the roles and responsibilities of the different actors involved in the breach process; the degree and nature of discretion exercised by decision-makers; and legitimacy, due process and procedural requirements of breach processes both from a pan-European and from a comparative perspective. This book will be of interest to criminal lawyers and criminologists, policy makers, criminal justice practitioners, probation workers and students of criminal justice studies across Europe. Comparative insight into the decision-making processes of breach across Europe will also be of interest to American, Canadian and Australian audiences seeking comparisons with their own systems.
