The Limits of Criminological Positivism
The Limits of Criminological Positivism

Author: Michele Pifferi

Publisher: Routledge

Published: 2021-10-30

Total Pages: 302

ISBN-13: 1000476294

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The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.

The Contributions of Specialized Institutes and Non-Governmental Organizations to the United Nations Criminal Justice Program
The Contributions of Specialized Institutes and Non-Governmental Organizations to the United Nations Criminal Justice Program

Author: Bassiouni

Publisher: Martinus Nijhoff Publishers

Published: 2023-08-28

Total Pages: 404

ISBN-13: 9004641661

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The increase of crime at the national, transnational, and international levels has heightened concern in the international community and generated greater interest in international criminal justice policy. Since the 1950s, the United Nations has been developing the Crime Prevention and Criminal Justice Programme, which was designed to respond to these concerns. But United Nations resources and support for the programme have been limited, notwithstanding the services and contributions of the Crime Prevention and Criminal Justice Branch. As the United Nations celebrates its Fiftieth Anniversary, it is fitting to have a book that describes the United Nations Crime Prevention and Criminal Justice Programme. The information it contains highlights the significant contributions of a number of organizations, whose work may not be sufficiently known outside the circles of scholars, experts, and professionals in the field of international criminal justice. The book is thus also a deserving tribute to these organizations, giving greater publicity to what they have contributed over the years with scant United Nations recognition. Without these organizations and the active NGOs, the United Nations would hardly have leave to claim part of what is now an important, though still insufficient, contribution to international criminal justice.

Social Defence Ils 212
Social Defence Ils 212

Author: Marc Ancel

Publisher: Routledge

Published: 2013-08-21

Total Pages: 243

ISBN-13: 1136268286

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First published in 1998. This book is concerned with a modern approach to criminal problems, written in 1965 by Marc Ancel, who combines a scientific and academic carrer with that of Judge of the Supreme Court of France.

Old Evidence and Core International Crimes
Old Evidence and Core International Crimes

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic EPublisher

Published: 2012-11-19

Total Pages: 340

ISBN-13: 8293081600

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It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.

International Criminal Law
International Criminal Law

Author: M. Cherif Bassiouni

Publisher: BRILL

Published: 2008

Total Pages: 643

ISBN-13: 9004165312

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Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).