The Disappearance of Criminal Law
The Disappearance of Criminal Law

Author: Richard Jochelson

Publisher:

Published: 2014

Total Pages: 124

ISBN-13: 9781552666845

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In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.

Criminal Law and Precrime
Criminal Law and Precrime

Author: Richard Jochelson

Publisher: Routledge

Published: 2017-07-06

Total Pages: 127

ISBN-13: 1351678639

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In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.

Intersections of Law and Culture at the International Criminal Court
Intersections of Law and Culture at the International Criminal Court

Author: Julie Fraser

Publisher: Edward Elgar Publishing

Published: 2020-10-30

Total Pages: 456

ISBN-13: 1839107308

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This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

The Struggle Against Enforced Disappearance and the 2007 United Nations Convention
The Struggle Against Enforced Disappearance and the 2007 United Nations Convention

Author: Tullio Scovazzi

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 453

ISBN-13: 900416149X

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Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.

Crime, Criminal Law and Criminal Justice in Europe
Crime, Criminal Law and Criminal Justice in Europe

Author: Hans-Jörg Albrecht

Publisher: Martinus Nijhoff Publishers

Published: 2013-02-01

Total Pages: 692

ISBN-13: 9004250778

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This unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavia; the allocation of criminal law power in the European Union; police cooperation in the border areas of the Member States; the criminalization of white collar crime; the establishment of European police services and of a European Public Prosecutor s Office; new forms of criminal justice cooperation between the Member States; and many others. The journal's unique multidisciplinary approach and its commitment to offer insights from a wide variety of European countries and language areas ensure that a varied range of perspectives are offered on the topics discussed. The result is an enlightening and highly readable anthology, shedding light on the extraordinary developments that have taken place in the area of crime and punishment in Europe.

International Criminal Law
International Criminal Law

Author: Roger O'Keefe

Publisher: OUP Oxford

Published: 2015-06-04

Total Pages: 689

ISBN-13: 0191002976

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International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.

The Accusation: Blood Libel in an American Town
The Accusation: Blood Libel in an American Town

Author: Edward Berenson

Publisher: W. W. Norton & Company

Published: 2019-09-10

Total Pages: 206

ISBN-13: 0393249433

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A chilling investigation of America’s only alleged case of blood libel, and what it reveals about antisemitism in the United States and Europe. On Saturday, September 22, 1928, Barbara Griffiths, age four, strayed into the woods surrounding the upstate village of Massena, New York. Hundreds of people looked everywhere for the child but could not find her. At one point, someone suggested that Barbara had been kidnapped and killed by Jews, and as the search continued, policemen and townspeople alike gave credence to the quickly spreading rumors. The allegation of ritual murder, known to Jews as “blood libel,” took hold. To believe in the accusation seems bizarre at first glance—blood libel was essentially unknown in the United States. But a great many of Massena’s inhabitants, both Christians and Jews, had emigrated recently from Central and Eastern Europe, where it was all too common. Historian Edward Berenson, himself a native of Massena, sheds light on the cross-cultural forces that ignited America’s only known instance of blood libel, and traces its roots in Old World prejudice, homegrown antisemitism, and the resurgence of the Ku Klux Klan in the 1920s. Residues of all three have persisted until the present day. More than just the disturbing story of one town’s embrace of an insidious anti-Jewish myth, The Accusation is a shocking and perceptive exploration of American and European responses to antisemitism.

International Criminal Law
International Criminal Law

Author: Christine Wyngaert

Publisher: BRILL

Published: 2011-09-09

Total Pages: 2222

ISBN-13: 9004216758

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International Criminal Law has become a mainstream subject. While it was hardly taught at law faculties at the time of the first edition of this book (1996), it is now highly featured in academic curricula. Practitioners, academics and political decision makers are increasingly confronted with this discipline. Within the framework of the United Nations and the European Union, but also in other regional bodies, there has been a dramatic increase in the conventions on various aspects of international criminal law. In fact much of the day-to-day work of lawyers around the globe is about the subject. International criminal law is gradually supple-menting human rights as the standard to assess governments and individuals. In the process, it has become part of the vocabulary of the general public. Many recent crisis situations have contributed to this phenomenon, from 11/9 and the wars in Afghanistan and Iraq to the Arab spring and SC Resolution 1973 (2011) giving effect to R2P in Libya. International criminal courts, which until some time ago, were still somewhat exotic, are now part of the mainstream international judicial establishment. The UN ad hoc tribunals together with the mixed tribunals and special courts have substantially con-tributed to the development of international criminal jurisprudence. Meanwhile the International Criminal Court is in full operation, delivering its first landmark decisions and dealing with an increasing number of situations and cases. In the European Union, the Lisbon Treaty is representing an important step towards the growing integration in the field of criminal law and procedure. A comparable trend is incipient in many other regions and organisations. This collection is meant to guide students and practitioners through the labyrinth of international criminal law instruments. It comprises international (universal) and Euro-pean conventions, while also including other regional instruments (AU/OAU, ASEAN, the Commonwealth, OAS and SAARC).