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Human Rights and the Criminal Justice System

Human Rights and the Criminal Justice System
Author: Anthony Amatrudo
Publisher: Routledge
Total Pages: 182
Release: 2014-09-15
Genre: Law
ISBN: 1135145431

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We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.


Globalization and Its Impact on the Future of Human Rights and International Criminal Justice

Globalization and Its Impact on the Future of Human Rights and International Criminal Justice
Author: M. Cherif Bassiouni
Publisher:
Total Pages: 0
Release: 2015
Genre: Globalization
ISBN: 9781780683300

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With globalization, state priorities concerning human rights and international criminal justice have subtly changed. This is particularly evident in the enhanced concerns of states with issues of national security, as they are perceived in so many different ways. At the same time, states' ability to govern and deliver public services are increasingly being challenged. Science and technology dominate the present state of globalization, having increased human interdependence and interconnectedness, but with paradoxical positive and negative effects and outcomes. They enhance the power and wealth of certain states while increasing the gap between those states and others. Social, economic, and political disparities have intensified. Internal state dysfunction is on the increase as evidenced by the number of failed and failing states among developing and under-developed societies. Globalization has also provided some states with a greater claim of exceptionalism. That claim is also extended to certain multi-national corporations and other non-state actors (NSAs) because of their wealth, worldwide activities, and their economic and political power. As a result, such entities have benefited from impunity, notwithstanding the harmful consequences of their conduct on human beings and on the environment. Environmental changes will continue to unleash harmful consequences on certain parts of the world, which will impact certain populations. As these and other negative consequences of globalization occur, the values and legal protections afforded to human rights, including an end to impunity for international crimes, is receding. This book examines the current impact of globalization on the future of human rights and international criminal justice. Subject: International Law, Human Rights Law, Criminal Law]


Globalisation, Criminal Law and Criminal Justice

Globalisation, Criminal Law and Criminal Justice
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
Total Pages: 374
Release: 2015-01-22
Genre: Social Science
ISBN: 178225272X

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The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.


Criminal Legalities in the Global South

Criminal Legalities in the Global South
Author: Pablo Ciocchini
Publisher: Routledge
Total Pages: 211
Release: 2019-08-22
Genre: Law
ISBN: 0429861680

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This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.


Global Crime and Justice

Global Crime and Justice
Author: David Jenks
Publisher: Taylor & Francis
Total Pages: 345
Release: 2016-12-08
Genre: Law
ISBN: 1315439557

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Global Crime and Justice offers a transnational examination of deviance and social controls around the world. Unlike many CJ texts detailing the systems of select nations, or books that merely catalog types of international crime, Global Crime and Justice provides a critical and integrated investigation of the nature of crime and how a society reacts to it. The book first details types of international crime, including genocide, war crimes, international drug and weapons smuggling, terrorism, slavery, and human trafficking. The second half covers international law, international crime control, the use of martial law, and the challenges of balancing public order and human and civil rights.


Judgments of Love in Criminal Justice

Judgments of Love in Criminal Justice
Author: Farhad Malekian
Publisher: Springer
Total Pages: 349
Release: 2017-03-31
Genre: Law
ISBN: 3319469002

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This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.


Human Rights and the Criminal Justice System

Human Rights and the Criminal Justice System
Author: Anthony Amatrudo
Publisher: Routledge
Total Pages: 184
Release: 2014-09-15
Genre: Law
ISBN: 1135145512

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We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.


The Right to The Truth in International Law

The Right to The Truth in International Law
Author: Melanie Klinkner
Publisher: Routledge
Total Pages: 287
Release: 2019-07-26
Genre: Law
ISBN: 1317335082

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The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.


Institutional Supports for the International Rule of Law

Institutional Supports for the International Rule of Law
Author: Charles Sampford
Publisher: Routledge
Total Pages: 221
Release: 2014-08-27
Genre: Political Science
ISBN: 1317637534

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The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.