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Author: M.S. Groenhuijsen
Publisher: Martinus Nijhoff Publishers
Published: 2012-09-28
Total Pages: 237
ISBN-13: 9004204938
DOWNLOAD EBOOKLooking back at the findings of the 'Strafvorderling 2001'-research project, the contributions in this book discuss the question of whether the legislator has succeeded in improving the Dutch system of criminal procedure.
Author: P. J. P. Tak
Publisher:
Published: 2008
Total Pages: 204
ISBN-13:
DOWNLOAD EBOOKAuthor: Christopher Hodges
Publisher: Edward Elgar Publishing
Published: 2013-10-31
Total Pages: 336
ISBN-13: 178254691X
DOWNLOAD EBOOKRaising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Author: Ronnie Mackay
Publisher: Oxford University Press
Published: 2018-06-20
Total Pages: 352
ISBN-13: 0191092711
DOWNLOAD EBOOKThe law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.
Author: Chrisje Brants
Publisher: Bloomsbury Publishing
Published: 2017-11-02
Total Pages: 359
ISBN-13: 1509900187
DOWNLOAD EBOOKTransparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
Author: Ed Johnston
Publisher: Taylor & Francis
Published: 2023-03-24
Total Pages: 178
ISBN-13: 100086037X
DOWNLOAD EBOOKThis book tackles the growing issues concerning the managerialism and bureacratisation of criminal justice systems across a number of jurisdictions. Here, managerialism means the move towards more standardised, bureaucratic and efficiency-driven systems, influenced by a desire to ensure predictability, control risks and, ultimately, economic savings via a more efficient process. The volume explores the phenomenon of managerialism in selected national criminal legal systems, covering all stages of criminal case processing from arrest to the imposition of sanction. The selected countries represent diverse socio-economic, political, cultural and legal traditions including common law, civil law, mixed common and civil law and post-Soviet tradition. The book engages with a variety of relevant theoretical concepts, such as fairness, rationality, efficiency and legitimacy. The authors critically examine whether and to what extent the trend towards managerialism is indeed discernible, and what are its likely effects in the given national criminal legal systems. The book will be of interest to students, researchers and practitioners working in the areas of comparative criminal justice and procedure.
Author:
Publisher: Roma TrE-Press
Published:
Total Pages: 292
ISBN-13:
DOWNLOAD EBOOKThe Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law.
Author: Cyrille J.C.F. Fijnaut
Publisher: BRILL
Published: 2009-11-23
Total Pages: 436
ISBN-13: 9004193367
DOWNLOAD EBOOKSince the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.
Author: Ezzat A. Fattah
Publisher: Leuven University Press
Published: 1998
Total Pages: 268
ISBN-13: 9789061869276
DOWNLOAD EBOOKA collection of essays dedicated to the memory of Prof. Frederic McClintock.
Author: Ronnie Bloemberg
Publisher: BRILL
Published: 2020-05-25
Total Pages: 554
ISBN-13: 9004415025
DOWNLOAD EBOOKThis book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.
