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Author: Richard Jochelson
Publisher:
ISBN: 9781552666845
Category : Law
Languages : en
Pages : 124
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Book Description
In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.
Author: Richard Jochelson
Publisher:
ISBN: 9781552666845
Category : Law
Languages : en
Pages : 124
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Book Description
In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.
Author: Richard Jochelson
Publisher: Routledge
ISBN: 1351678639
Category : Social Science
Languages : en
Pages : 127
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Book Description
In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.
Author: Lisa Ott
Publisher:
ISBN: 9781780680040
Category : Criminal jurisdiction
Languages : en
Pages : 0
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Book Description
Originally presented as the author's thesis (doctoral)--University of Lucerne, 2010.
Author: Hans-Jörg Albrecht
Publisher: Martinus Nijhoff Publishers
ISBN: 9004250778
Category : Law
Languages : en
Pages : 692
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Book Description
This unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavia; the allocation of criminal law power in the European Union; police cooperation in the border areas of the Member States; the criminalization of white collar crime; the establishment of European police services and of a European Public Prosecutor s Office; new forms of criminal justice cooperation between the Member States; and many others. The journal's unique multidisciplinary approach and its commitment to offer insights from a wide variety of European countries and language areas ensure that a varied range of perspectives are offered on the topics discussed. The result is an enlightening and highly readable anthology, shedding light on the extraordinary developments that have taken place in the area of crime and punishment in Europe.
Author: Tullio Scovazzi
Publisher: Martinus Nijhoff Publishers
ISBN: 900416149X
Category : History
Languages : en
Pages : 453
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Book Description
Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.
Author: Richard Jochelson
Publisher: Taylor & Francis
ISBN: 1351678647
Category : Law
Languages : en
Pages : 139
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Book Description
In Minority Report, Precrime imprisons people for crimes they would have committed had they not been prevented. With Philip K. Dick as inspiration, the authors posit that developments in Canadian law indicate a trend toward imposing punishments at earlier stages of the prosecutorial process. As risk management logics shift to precautionary ones, the law has responded by developing criminal regulation techniques in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the design of drones, social networking, and cloud storage to gather data. The book is a provocative read for scholars and students in criminal law, policing, and surveillance.
Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 9781839107290
Category :
Languages : en
Pages : 456
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Book Description
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. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court's future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.
Author: Lawrence M. Friedman
Publisher: UNC Press Books
ISBN: 1469639785
Category : History
Languages : en
Pages : 353
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Book Description
Focusing on a single county at a time when the population grew from 24,000 to 246,000, the authors combine statistical analysis of documentary sources, contemporary newspaper accounts, and exploration in criminal case files to give a detailed reconstruction of the operations of the county's entire criminal justice system. By tracing the process from arrest to trial, sentencing, and punishment, this study will have a profound effect on our perception of American criminal justice. Originally published in 1981. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Edward Berenson
Publisher: W. W. Norton & Company
ISBN: 0393249433
Category : History
Languages : en
Pages : 206
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Book Description
A chilling investigation of America’s only alleged case of blood libel, and what it reveals about antisemitism in the United States and Europe. On Saturday, September 22, 1928, Barbara Griffiths, age four, strayed into the woods surrounding the upstate village of Massena, New York. Hundreds of people looked everywhere for the child but could not find her. At one point, someone suggested that Barbara had been kidnapped and killed by Jews, and as the search continued, policemen and townspeople alike gave credence to the quickly spreading rumors. The allegation of ritual murder, known to Jews as “blood libel,” took hold. To believe in the accusation seems bizarre at first glance—blood libel was essentially unknown in the United States. But a great many of Massena’s inhabitants, both Christians and Jews, had emigrated recently from Central and Eastern Europe, where it was all too common. Historian Edward Berenson, himself a native of Massena, sheds light on the cross-cultural forces that ignited America’s only known instance of blood libel, and traces its roots in Old World prejudice, homegrown antisemitism, and the resurgence of the Ku Klux Klan in the 1920s. Residues of all three have persisted until the present day. More than just the disturbing story of one town’s embrace of an insidious anti-Jewish myth, The Accusation is a shocking and perceptive exploration of American and European responses to antisemitism.
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.
