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Author: Andrea Ryan
Publisher: Routledge
ISBN: 1317671171
Category : Law
Languages : en
Pages : 317
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Book Description
With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.
Author: Andrea Ryan
Publisher: Routledge
ISBN: 1317671171
Category : Law
Languages : en
Pages : 317
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Book Description
With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.
Author: Marion Eleonora Ingeborg Brienen
Publisher:
ISBN:
Category : Social Science
Languages : en
Pages : 1224
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Book Description
"The implementation of recommendation (85) 11 of the Council of Europe on the position of the victim in the framework of criminal law and procedure."--T.p.
Author: Jörg-Martin Jehle
Publisher: Springer Science & Business Media
ISBN: 3540339639
Category : Law
Languages : en
Pages : 334
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Book Description
This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences".
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: Marijke Malsch
Publisher: Routledge
ISBN: 1317153073
Category : Law
Languages : en
Pages : 248
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Book Description
Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.
Author: Constantin Stefanou
Publisher: Cambridge University Press
ISBN: 1139472127
Category : Law
Languages : en
Pages : 379
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Book Description
The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.
Author: Jannemieke Ouwerkerk
Publisher:
ISBN: 9789004367364
Category : Criminal law
Languages : en
Pages : 0
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Book Description
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Author: André Klip
Publisher:
ISBN: 9781780680019
Category : Criminal law
Languages : en
Pages : 0
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Book Description
European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.
Author: Gert Vermeulen
Publisher: Maklu
ISBN: 9046602648
Category : Law
Languages : en
Pages : 114
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Book Description
The EU Level Offence Classification System (EULOCS) brings together the current EU substantive criminal law acquis, building essentially on offence definitions referred to in legal instruments included in the EU Justice and Home Affairs (EU JHA) acquis. In doing so, EULOCS clarifies the scope between EU competence and national sovereignty with regard to defining criminal behavior. With this book, EULOCS is bench-marked as a reference index for serving various needs in the broader EU criminal policy area, having the potential to significantly enhance the internal coherence thereof. The proposed reference index, with offence definitions inherent to it, fundamentally addresses the problem created by the organic elaboration and adoption of legal instruments at the EU level, making reference to certain offence categories the scope or definition whereof is most often either not clarified or indicated, or left to the discretion of the individual Member States. Before elaborating on the creation of EULOCS - the methodology used, its main characteristics, and the potential for further development in the coming years - this book contains a brief overview of the incoherence in the EU JHA field and a reference to the EU study to implement the Action Plan to measure crime and criminal justice, conducted for the European Commission in the course of 2008-2009, in the context of which EULOCS has been created. Most importantly, the full EULOCS, with all its complementary variables and context fields, has been inserted. This book is essential reading for EU policy makers, judicial and law enforcement authorities throughout the Union, as well as those in a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in justice and home affairs or criminal policy initiatives in the EU.
Author: Enrico Infante
Publisher: Criminal Justice Press
ISBN: 9789525333008
Category : Criminal justice, Administration of
Languages : en
Pages : 65
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Book Description
