Impending Challenges to Penal Moderation in France and Germany

Impending Challenges to Penal Moderation in France and Germany
Author: Kirstin Drenkhahn
Publisher: Taylor & Francis
Total Pages: 310
Release: 2023-07-27
Genre: Social Science
ISBN: 100090556X

This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focused on the US and the UK. In comparative research, both are considered extreme in punitive developments with high rates of imprisonment and large groups of the population under penal control. The other extreme in comparative research would be Scandinavia with the famous Nordic Exceptionalism marked by low prison population rates. Germany and France are often considered to be “the same” when compared with each other, and “the other” with reference to both of these extremes. However, this book shows that France and Germany are far from being the same when it comes to state organization (centralistic vs. federal), criminal justice and the criminal law, political traditions, and the media. Also, research from both countries has looked at whether developments such as the “punitive turn” have occurred in Germany and France. Research focused on the domestic situation concludes that punitiveness is on the rise, and that both countries are indeed experiencing their own punitive turn. How do we reconcile these contradictory findings? Why do these two seem to follow the path of penal moderation in the overall outcome of punishment in society when we look at comparative research? And how is it that from a domestic perspective, punitive attitudes and desires are leading to more punitiveness? By focusing on the meso level, with a comparative perspective on the two countries and a dynamic analytical approach, this book reconciles the fluidity of individual attitudes and opinions with the relative stability of societal discourse. The authors posit that penal moderation comes at a price: overall and in an internationally comparative perspective, there is penal moderation, but a closer look at the domestic situation and development reveals that it is nonetheless challenged by a slowly rising tide of punitiveness. Going beyond the main tenets of punishment and society research with a dynamic analysis of two large societies in Europe, this book is ideal reading for scholars and students of penology, criminal justice, and European studies.

Business Law

Business Law
Author: Daniel V. Davidson
Publisher: Aspen Publishing
Total Pages: 1094
Release: 2023
Genre: Commercial law
ISBN: 154385849X

"Text for college level business law courses"--

Criminal Procedure

Criminal Procedure
Author: Matthew Lippman
Publisher: SAGE Publications
Total Pages: 819
Release: 2022-05-13
Genre: Law
ISBN: 1071845683

This contemporary, comprehensive, case-driven book from award-winning teacher Matthew Lippman covers the constitutional foundation of criminal procedure and includes today′s most recent legal developments and decisions.

The Defence of Mistake of Law in International Criminal Law

The Defence of Mistake of Law in International Criminal Law
Author: Antonio Coco
Publisher: Oxford University Press
Total Pages: 305
Release: 2022-07-11
Genre: Law
ISBN: 0192648845

The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.

Law of Lawyering

Law of Lawyering
Author: Hazard
Publisher: Wolters Kluwer
Total Pages: 2774
Release:
Genre:
ISBN: 1454812087

The Law of Lawyering shows how to approach concrete problems that arise in everyday practice while staying within the letter and spirit of the ABA Model Rules of Professional Conduct. It provides the full text of each Model Rule provision in sequence, followed by the authors' guidance and commentary, which put the rule into context, help identify its key features, and show its relation to other Rules and the ALI's Restatement of the Law Governing Lawyers. Clear, realistic examples demonstrate how each Rule applies in practice. Substantially revised in this two-volume Fourth Edition to reflect the recent revisions of to the Model Rules of Professional Conduct, this essential book reflects the latest developments in the law governing lawyer conduct, not only lawyer discipline, but also legal malpractice, suits for breach of fiduciary duty, fee-dispute litigation and fee forfeiture, and disqualification of counsel for conflict of interest.

Cases and Materials on Criminal Law

Cases and Materials on Criminal Law
Author: Joshua Dressler
Publisher: West Academic Publishing
Total Pages: 1142
Release: 2003
Genre: Law
ISBN:

Premised on the belief that criminal law is an exciting subject to learn and teach, this popular casebook provides a balanced and creative overview of classic and modern criminal law cases and issues while covering both common law foundations and modern statutory reform, including the Model Penal Code. The casebook invites classroom consideration of many controversies in the field (e.g., rape law, race-based jury nullification, Internet crime, and anti-stalking legislation) and defenses (e.g., battered women?s self-defense). Using imaginative examples from literature and music to illustrate criminal law issues (e.g., examining insanity with Edgar Allen Poe?s The Tell-Tale Heart and homicide with Willa Cather?s O Pioneers!), the casebook allows law students to confront some of the Big Questions with which philosophers, theologians, scientists, poets, and lawyers have grappled for centuries.

International Criminal Jurisdiction

International Criminal Jurisdiction
Author: Kenneth S. Gallant
Publisher: Oxford University Press
Total Pages: 809
Release: 2022
Genre: Law
ISBN: 0199941475

"Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--