Obtaining Evidence Abroad in Criminal Cases 2010

Obtaining Evidence Abroad in Criminal Cases 2010
Author: Michael Abbell
Publisher: Martinus Nijhoff Publishers
Total Pages: 677
Release: 2010-11-11
Genre: Law
ISBN: 9004178821

This treatise, designed for prosecutors, defense attorneys, judges and academics, describes in detail the legal basis and operation under treaties, statutes, and cooperative and coercive measures by which the United States is combating serious transnational crime affecting it.

Obtaining Evidence Abroad in Criminal Cases 2010

Obtaining Evidence Abroad in Criminal Cases 2010
Author: Michael Abbell
Publisher: BRILL
Total Pages: 676
Release: 2010-11-11
Genre: Law
ISBN: 9047441176

In today’s “flatter” world, the most serious criminal activity affecting the United States is increasingly transnational, thereby requiring the active assistance of other countries to combat it. The United States only relatively recently has dealt with this problem by entering into a growing number of bilateral and multilateral treaties, agreements, and formal and informal law enforcement arrangements. This treatise, designed for prosecutors, defense attorneys, judges and academics, is written by the former Department of Justice official responsible for supervising the implementation and design of United States treaties and statutes as it began to cope with this explosion of transnational criminal activity. It describes and analyzes in detail the legal aspects of, and operation under, these treaties, statutes, and other measures. Additional titles by Michael Abbell include: • International Prisoner Transfer 2010 • Extradition to and from the United States 2010 This is the final Edition, there will be no further updates for this series.

Extraterritorial Application of American Criminal Law

Extraterritorial Application of American Criminal Law
Author: Charles Doyle
Publisher: DIANE Publishing
Total Pages: 73
Release: 2010-10
Genre: Law
ISBN: 143793479X

Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the U.S. has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. Contents of this report: (1) Introduction; (2) Constitutional Considerations; (3) Conclusion; (5) Bibliography.

Global Data Protection in the Field of Law Enforcement

Global Data Protection in the Field of Law Enforcement
Author: Cristina Blasi Casagran
Publisher: Routledge
Total Pages: 264
Release: 2016-06-10
Genre: Law
ISBN: 1317223276

This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.

Transnational Evidence and Multicultural Inquiries in Europe

Transnational Evidence and Multicultural Inquiries in Europe
Author: Stefano Ruggeri
Publisher: Springer Science & Business Media
Total Pages: 231
Release: 2013-12-12
Genre: Law
ISBN: 3319025708

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Audi Alteram Partem in Criminal Proceedings

Audi Alteram Partem in Criminal Proceedings
Author: Stefano Ruggeri
Publisher: Springer
Total Pages: 706
Release: 2017-04-12
Genre: Law
ISBN: 3319545736

This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

Cultural Issues in Criminal Defense

Cultural Issues in Criminal Defense
Author: Linda Friedman Ramirez
Publisher: Juris Publishing, Inc.
Total Pages: 1156
Release: 2010-08-01
Genre: Law
ISBN: 1578232716

The one essential treatise for representing immigrant and diverse clients, up to date with Padilla v Kentucky, with jurisprudence and practice tips relevant to all stages of representation, from interviewing clients to handling post conviction and relief. This treatise will be of interest to public defender offices as well as private practitioners.Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -3rd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law. Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way. Extensively updated and expanded for its third edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.

International White Collar Crime

International White Collar Crime
Author: Bruce Zagaris
Publisher: Cambridge University Press
Total Pages: 695
Release: 2015-08-10
Genre: Law
ISBN: 131636898X

Contemporary transnational criminals take advantage of globalization, trade liberalization, and emerging new technologies to commit a diverse range of crimes. By moving money, goods, services, and people instantaneously they are able to serve purposes of pure economic gain or political violence. This book examines the rise of international economic crime and recent strategies to combat it in the United States and abroad. Focusing on the role of international relations, it draws from case studies in a diverse range of criminality from money laundering to tax evasion. Newly revised and expanded, the second edition of International White Collar Crime incorporates recent developments and updated case studies. New chapters on environmental crimes and securities enforcement under the Dodd–Frank Act continue to make it an essential tool for practicing business, law, and law enforcement.

EU Criminal Justice, Financial & Economic Crime

EU Criminal Justice, Financial & Economic Crime
Author: Marc Cools
Publisher: Maklu
Total Pages: 322
Release: 2011
Genre: Law
ISBN: 9046604381

This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.

From Baksheesh to Bribery

From Baksheesh to Bribery
Author: T. Markus Funk
Publisher: Oxford University Press
Total Pages: 785
Release: 2019-04-05
Genre: Law
ISBN: 0190232404

Worldwide, governmental anti-corruption efforts have been ramping up like never before. From the U.S. Foreign Corrupt Practices Act ("FCPA") to the U.K. Bribery Act and recent Chinese, French, Indonesian, Brazilian, and German anti-bribery legislations, the compliance world has witnessed the fight against corruption rocketing to the top of most law reform and enforcement agendas. As the fight against corruption goes global, practitioners of the compliance, regulatory, and investigative space must understandand--and more importantly navigate--these increasingly complicated and often perilous compliance waters. With that heavy reality in mind, this first-of-its-kind book draws on the real-world experience and expertise possessed by some of the world's leading anti-corruption and anti-bribery practitioners to make meeting that challenge easier. Featuring country-specific chapters and practitioner-focused "how to" modules, From Baksheesh to Bribery serves as a one-stop shop for practitioners, in-house counsel, compliance personnel, academics, and others who want--and often need--to understand the world's perspective on corruption and the fight against it.