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Developing Restorative Justice Jurisprudence

Author: Tony Foley
Publisher: Routledge
ISBN: 1317151844
Size: 30.24 MB
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What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.

Principled International Criminal Justice

Author: Mark Findlay
Publisher: Routledge
ISBN: 1351258346
Size: 33.25 MB
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Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.

Sex Offenses And Sex Offenders

Author: Teela Sanders
Publisher: Oxford University Press
ISBN: 0190213639
Size: 72.13 MB
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There has been a significant increase in the focus on sex offending in recent years in both the academic and public spheres. From heightened media attention on sex crimes to new waves of legislation aimed at crime prevention, issues related to sexual assault, harassment, and sexual violence have become a top priority in the Western countries. The Oxford Handbook on Sex Offenses and Sex Offenders provides comprehensive, even-handed analysis of the myriad of topics related to sex offenses, including pornography, sex trafficking, criminal justice responses, and the role of social media in sex crimes. Extending beyond the existing scholarly research on the topic, this volume teases out the key debates, controversies, and challenges involved in addressing sex crimes. While most discourse regarding sex offenders either involves prevention and control or, conversely, potential treatment options, this Handbook delves into the psychological, historical, and social contexts related to sex offenses, providing a more holistic view of the topic. The definitive volume on sex crimes and sex offenders, The Oxford Handbook on Sex Offenses and Sex Offenders makes an invaluable contribution to criminological literature.

Active Complementarity

Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic Epublisher
ISBN: 9788293081562
Size: 11.67 MB
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'Positive complementarity' has become a trendy term since the 2010 Kampala Review Conference. Little thought went into its definition when it was first coined in informal discussions at the International Criminal Court in 2003. 'Complementarity' in the Court's Statute is a passive admissibility threshold below which the Court will not investigate or prosecute. The process to construct national ability to investigate and prosecute core international crimes, on the other hand, requires tireless efforts by numerous international and national actors for many years to come. Democratizing the access to legal information should lie at the heart of such capacity building and knowledge-transfer. One way of reducing existing conditions of inequality faced by war crimes lawyers and investigators operating in different jurisdictions is to facilitate the direct access of national actors to legal sources and knowledge. This book seeks to make the existing capacity building discourse more practical, focused and real. It brings together contributions by persons with expertise in the practice of capacity building, the development and maintenance of tools that can be used to make knowledge-transfer more effective and sustainable, and international criminal law. The Legal Tools Project of the International Criminal Court - a technical platform that can be used by those who intend to strengthen capacity - is discussed in some detail.

Atrocity Punishment And International Law

Author: Mark A. Drumbl
Publisher: Cambridge University Press
ISBN: 1139464566
Size: 29.97 MB
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This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

International And Comparative Criminal Justice

Author: Mark J. Findlay
Publisher: Routledge
ISBN: 1136184155
Size: 27.88 MB
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International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

Restorative Justice Responsive Regulation

Author: John Braithwaite
Publisher: Oxford University Press on Demand
ISBN: 0195158393
Size: 21.62 MB
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Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

Restorative Justice

Author: Heather Strang
Publisher: Routledge
ISBN: 1351965301
Size: 61.39 MB
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The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book – such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice – are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.

The Penal System

Author: Michael Cavadino
Publisher: SAGE
ISBN: 1446290549
Size: 54.98 MB
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Now in its fifth edition, The Penal System: An Introduction remains the most complete, accessible and authoritative resource for your studies in Criminal Justice and Criminology. Fully revised and updated to account for recent changes in the Criminal Justice System, the new edition includes: Expanded material on restorative justice An expanded section on gender and the Criminal Justice System Greater coverage of comparative issues, focussing especially on Scotland An annually updated companion website, keeping you up-to-date with relevant legislation and crucial developments An accessible writing style balanced against a critical and scholarly approach A glossary of key terms that you'll encounter throughout your studies Continued critical coverage of the deepening penal crisis, including sections on the managerial crisis and the crisis of accountability The Penal System consolidates and builds on the successful formula of the fourth edition, bringing the text in line with the key issues facing the Criminal Justice System today. It will prove essential reading across all undergraduate levels for modules on Criminal Justice and Prisons/Punishment.

Stopping Rape

Author: Walby, Sylvia
Publisher: Policy Press
ISBN: 1447322096
Size: 13.83 MB
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This important book offers a comprehensive guide to the international policies developed to stop rape , together with case study examples on how they work. The book describes how law and criminal justice system, health services, specialised services for victim-survivors, educational and cultural interventions can best be coordinated.