Serious Crimes
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Author | : Josepha Close |
Publisher | : Routledge |
Total Pages | : 274 |
Release | : 2019-05-16 |
Genre | : Law |
ISBN | : 1351180215 |
Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
Author | : David Alan Sklansky |
Publisher | : Harvard University Press |
Total Pages | : 337 |
Release | : 2021-03-23 |
Genre | : Law |
ISBN | : 0674259696 |
A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
Author | : United States |
Publisher | : |
Total Pages | : 1146 |
Release | : 2013 |
Genre | : Law |
ISBN | : |
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author | : Christopher J. Ferguson |
Publisher | : SAGE |
Total Pages | : 417 |
Release | : 2009-01-13 |
Genre | : Social Science |
ISBN | : 1412959934 |
This edited volume provides cutting edge research in an easily accesible format.
Author | : Richard Carr |
Publisher | : Critical Publishing |
Total Pages | : 274 |
Release | : 2024-01-08 |
Genre | : Law |
ISBN | : 1915713196 |
This text explores the concept of major and serious crime investigations as it takes the reader through the fundamental elements of investigative theory and practice that are relevant to this area of criminality. Unlike other texts that concentrate on either bespoke areas of criminality such as homicide, terrorism or tends in concepts such as county lines, this book recognises that the reader will be new to investigative study with little practitioner experience to anchor their learning. By using the latest evidence-based policing knowledge and critical thinking, it explores the concepts of major and serious crime, detailing key areas of legislation and how investigative strategies and decision making can influence successful outcomes. Other topics examined in this text is the key areas of risk for major and serious crime investigations, the impact on investigators, the concept of disclosure, investigative interviewing and how civil orders, designed to tackle this type of criminality can provide a successful alternative to prosecution. Both students and practitioners can find this book useful with this book's contemporary approach of using case studies and contemporary investigative examples relevant to the topic. This book brings together academic theory and operational understanding of major and serious crime that provides learners with an easy to follow guide that they can keep returning to throughout their career.
Author | : James C. Simeon |
Publisher | : Routledge |
Total Pages | : 481 |
Release | : 2022-02-10 |
Genre | : Law |
ISBN | : 1000539369 |
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Author | : Elaine Banar |
Publisher | : US Institute of Peace Press |
Total Pages | : 218 |
Release | : 2006 |
Genre | : History |
ISBN | : 9781929223954 |
Presents broad guidelines and specific prescriptions for combating serious crime in societies emerging from conflict.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Juvenile Justice |
Publisher | : |
Total Pages | : 196 |
Release | : 1981 |
Genre | : Crime |
ISBN | : |
Author | : Great Britain. Parliament. Joint Committee on Human Rights |
Publisher | : The Stationery Office |
Total Pages | : 36 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780104005514 |
The Committee's report considers concerns over the compatibility of the Order (S.I. 2004/1910, ISBN 0110495802), made under the Nationality, Immigration & Asylum Act 2002, with the UK's international human rights obligations. The Refugee Convention has established a general 'principle of non-refoulement' which prohibits the expulsion or return of a refugee to a country where his/her life might be threatened on account of race, religion, nationality or due to membership of a particular social group or political opinion. The Convention allows an exception to this principle in cases where the person has been convicted of a particularly serious crime and is therefore deemed to be a danger to the general community of the host country. The Order specifies a wide range of offences under the 2002 Act, with the effect that anyone convicted of such an offence will have his asylum claim dismissed unless he/she can establish they are not a danger to the community. The Committee finds that the Order as drafted is 'ultra vires' the order-making power, because the wide range of offences specified go beyond the interpretation of 'particularly serious crimes' intended by the Refugee Convention, and therefore undermines the principle of non-refoulement.
Author | : George L. Kelling |
Publisher | : Simon and Schuster |
Total Pages | : 340 |
Release | : 1997 |
Genre | : Political Science |
ISBN | : 0684837382 |
Cites successful examples of community-based policing.