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Author: Kent Roach
Publisher:
ISBN: 9781552213018
Category : Law
Languages : en
Pages : 562
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Book Description
Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly-regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's account of the current state of substantive criminal law and theory in Canada has become essential reading, not only in law schools, but also among judges, practitioners, and others involved in the criminal justice system. The fifth edition of Criminal Law has been thoroughly updated and includes analysis of a number of important Supreme Court of Canada decisions especially in relation to the provocation defence, and in the Court's use of a modified and contextual objective standard that has implications for other defences. The book also examines the provisions relating to self defence, defence of others, and defence of property which Parliament has replaced with new and radically simplified defences in ss.34 and 35 of the Criminal Code. In addition the book reviews the judgment in R. v. Ipeelee where the Supreme Court confirmed the need for restraint in the use of imprisonment and the need for a different approach to the sentencing of Aboriginal offenders, particularly in light of the fact that Parliament continues to restrict the use of conditional sentences and enact new mandatory minimum sentences.
Author: Kent Roach
Publisher:
ISBN: 9781552213018
Category : Law
Languages : en
Pages : 562
Get Book Here
Book Description
Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly-regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's account of the current state of substantive criminal law and theory in Canada has become essential reading, not only in law schools, but also among judges, practitioners, and others involved in the criminal justice system. The fifth edition of Criminal Law has been thoroughly updated and includes analysis of a number of important Supreme Court of Canada decisions especially in relation to the provocation defence, and in the Court's use of a modified and contextual objective standard that has implications for other defences. The book also examines the provisions relating to self defence, defence of others, and defence of property which Parliament has replaced with new and radically simplified defences in ss.34 and 35 of the Criminal Code. In addition the book reviews the judgment in R. v. Ipeelee where the Supreme Court confirmed the need for restraint in the use of imprisonment and the need for a different approach to the sentencing of Aboriginal offenders, particularly in light of the fact that Parliament continues to restrict the use of conditional sentences and enact new mandatory minimum sentences.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: McGlynn, Clare
Publisher: Policy Press
ISBN: 1529217628
Category : Law
Languages : en
Pages : 166
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Book Description
Cyberflashing has been on the rise since the Covid-19 pandemic. This book provides new analysis into the harms of cyberflashing. This timely and unique study considers recent laws in several countries and sets out proposals to criminalise cyberflashing in English law.
Author: David Ross
Publisher:
ISBN: 9780455501109
Category : Criminal law
Languages : en
Pages : 1838
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Book Description
Ross on Crime Eighth Edition is a unique, renowned and indispensable point of reference for all criminal law practitioners. It covers more than 350 terms and principles relating to criminal law practice in an easy to use A-Z format. As well as a succinct statement of the law on a particular subject, there is a summary of the leading case law in the area. It is the only Australian work that considers all aspects of criminal justice - substantive criminal law, criminal procedure, evidence and sentencing - and which does so across all Australian jurisdictions. The late David Ross QC's highly original work is again updated by Mirko Bagaric, maintaining the book's encyclopaedic format and impressive scope. The Eighth Edition incorporates the many case law decisions and legislative changes that have occurred since the last edition. These include More than 30 new High Court changes; Significant developments in sentencing jurisprudence Australia-wide; Major changes to the interpretation and application of the Uniform Evidence Law; and More than 100 important legislative amendments throughout Australian jurisdictions. Legal practitioners across Australia valued and enjoyed the wisdom and wit of the late David Ross QC over many years and seven editions of this unique work. Mirko Bagaric ensures Ross on Crime continues to impress and inform criminal lawyers, judges and many others. It is essential reading for anyone interested in the criminal law
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 184731726X
Category : Law
Languages : en
Pages : 561
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Book Description
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309254167
Category : Law
Languages : en
Pages : 144
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Book Description
Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.
Author: American Bar Association
Publisher:
ISBN: 9781570737138
Category : Criminal justice, Administration of
Languages : en
Pages : 151
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Book Description
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Author: Julia Maria Muraszkiewicz
Publisher: Springer
ISBN: 3030026590
Category : Social Science
Languages : en
Pages : 222
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Book Description
This books demonstrates the difficulty of protecting victims of human trafficking from being held liable for crimes they were compelled to commit in the course, or as a consequence, of being trafficked, under current European law. The legislation remains vague and potentially inadequate to recognise victimhood, safeguard the human rights of victims, and avoid further victimisation. Muraszkiewicz explains how the non-liability principle is rooted in criminal and human rights law, and proposes a more efficient provision and framework which would protect trafficked persons, and do better to encourage victims to act as witnesses in criminal proceedings against the perpetrators. In doing so the book will provide relevant stakeholders, including policy makers and law enforcement authorities, with a better understanding of the non-liability principle and how it ought to be used in practice.
Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 0198043996
Category : Philosophy
Languages : en
Pages : 244
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Book Description
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Author: Dan Simon
Publisher: Harvard University Press
ISBN: 0674065115
Category : Law
Languages : en
Pages : 416
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Book Description
Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
