Criminal Sentencing in Bangladesh

Criminal Sentencing in Bangladesh
Author: Muhammad Mahbubur Rahman
Publisher: BRILL
Total Pages: 460
Release: 2017-03-20
Genre: Law
ISBN: 9004341935

In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.

National Trials of International Crimes in Bangladesh

National Trials of International Crimes in Bangladesh
Author: M. Rafiqul Islam
Publisher: BRILL
Total Pages: 536
Release: 2019-03-19
Genre: Law
ISBN: 9004389385

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.

Women, Mobility and Incarceration

Women, Mobility and Incarceration
Author: Rimple Mehta
Publisher: Routledge
Total Pages: 256
Release: 2018-09-03
Genre: Social Science
ISBN: 135170835X

This book explores how Bangladeshi women from poor and undereducated/semi-educated backgrounds who have crossed the Indo-Bangladesh border find themselves in prisons serving sentences under the Foreigners Act, 1946. Drawing on original fieldwork, this book explores these women’s understanding of borders and state sovereignty and how the women - from conservative rural and semi-rural backgrounds which impose a strict moral code - adjust to the socio-cultural context of an Indian prison, where being an inmate is "dishonourable" in their community. This book examines the implicit challenge in these women’s action and decisions to these codes of honour, to accepted social norms of their religion and community, and ultimately, the dominantly patriarchal system that marks South Asian society. Further, it focuses on the negotiations that the Bangladeshi women make with the social and political borders they encounter in the process of crossing the Indo-Bangladesh border without requisite documents needed by the state for entry into a "foreign" land; how they cope with the daily challenges of living during their imprisonment in a correctional home; and their feelings about their impending return to Bangladesh. Women who are apprehended and criminalised for crossing borders must negotiate with not only the normative understanding of borders which is inherently masculine in nature, but also the gender biased lens through which female mobility is viewed: therefore, they not only cross political borders but also social borders. This book maps the associations between women’s experiences of mobility and incarceration, and their linkages with social and political borders and the fraught experiences of being in a ‘foreign’ territorial space. It will be important reading for criminologists, sociologists, and those engaged in penology, women’s studies and migration studies.

Asian Courts in Context

Asian Courts in Context
Author: Jiunn-rong Yeh
Publisher: Cambridge University Press
Total Pages: 633
Release: 2015
Genre: Law
ISBN: 1107066085

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

The International Crimes Tribunal in Bangladesh

The International Crimes Tribunal in Bangladesh
Author: Miriam Beringmeier
Publisher: BWV Verlag
Total Pages: 326
Release: 2018-07-16
Genre: Crimes against humanity
ISBN: 383053860X

"The International Crimes Tribunal in Bangladesh was established in 2010 with the aim of bringing to trial perpetrators of crimes committed during the Liberation War in 1971, through which the country seceded from Pakistan. The International Crimes Tribunal is a domestic tribunal based on the International Crimes Tribunals Act from 1973 and the rules of procedure enacted by the Tribunal itself. The initiation of these trials almost 40 years after the war entails several challenges. The publication examines to what extent the Tribunal's legal framework as well as its jurisprudence comply with international standards as established in international treaties, customary international law and in the jurisprudence of international criminal law. To this end, the substantive law and its interpretation as well as the procedural standards applied at these trials are examined thoroughly. At the same time, the analysis takes into account the political environment surrounding the Tribunal's work and assesses its impact on the country?s process of coming to terms with the past."--

Criminal Justice at the Crossroads

Criminal Justice at the Crossroads
Author: William R. Kelly
Publisher: Columbia University Press
Total Pages: 418
Release: 2015-05-05
Genre: Social Science
ISBN: 0231539223

Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.

Routledge Handbook of South Asian Criminology

Routledge Handbook of South Asian Criminology
Author: K. Jaishankar
Publisher: Routledge
Total Pages: 484
Release: 2019-08-01
Genre: Computers
ISBN: 1000300889

Although the literature and cultural practices of the South Asian region demonstrate a rich understanding of criminology, this handbook is the first to focus on crime, criminal justice, and victimization in Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka. South Asia’s rapid growth in population and economy continues to introduce transformations in social behaviors, including those related to criminality and victimization. Readers of this handbook will gain a comprehensive look at criminology, criminal justice, and victimology in the South Asian region, including processes, historical perspectives, politics, policies, and victimization. This collection of chapters penned by scholars from all eight of the South Asian nations, as well as the US, UK, Australia, and Belgium, will advance the study and practice of criminology in the South Asian region and carry implications for other regions. The Routledge Handbook of South Asian Criminology provides a wealth of information on criminological issues and their effect on the countries and governments’ efforts to mitigate them. It is essential reading for students and scholars of South Asian criminology, criminal justice, and politics.

Bangladesh and International Law

Bangladesh and International Law
Author: Mohammad Shahabuddin
Publisher: Routledge
Total Pages: 274
Release: 2021-02-22
Genre: Social Science
ISBN: 1000345262

This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states’ problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.

The Jamaat Question in Bangladesh

The Jamaat Question in Bangladesh
Author: Syed Serajul Islam
Publisher: Taylor & Francis
Total Pages: 255
Release: 2023-12-01
Genre: Political Science
ISBN: 1003811426

The Jamaat Question in Bangladesh addresses the complex intersection of global politics and local dynamics in Bangladesh, particularly in relation to Bangladesh Jamaat-e-Islami (Jamaat). With multidisciplinary insights and perspectives, the contributors to this volume provide an objective socio-historical analysis of Islam, politics and society in Bangladesh. Separating fact from fiction, they attempt to uncover the truth about Jamaat, the largest Islam-based political party in the country. Suppressed and marginalized by the BAL regime, Jamaat remains active in the social landscape of Bangladesh. What makes Jamaat so resilient against all odds? Can it peacefully coexist with rival political parties in a polarised nation such as Bangladesh? This book seeks to answer these crucial questions. An essential read for those interested in Bangladeshi politics and political Islam.

The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty
Author: Andrew Novak
Publisher: Routledge
Total Pages: 195
Release: 2016-03-16
Genre: Political Science
ISBN: 1317030281

Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.