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Cases And Materials On The Law And Policy Of Sentencing And Corrections

Author: Lynn S. Branham
Publisher: West Academic
ISBN: 9780314159366
Size: 23.36 MB
Format: PDF
View: 747
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The book is designed not only to transmit knowledge about existing law and policies, but also to provoke thought, discussion, and debate about the law and policies. Contains cases, statutes, sentencing guidelines, model standards, proposals for reform, article and book excerpts, and problems.

Sentencing In International Criminal Law

Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847318169
Size: 67.35 MB
Format: PDF, Kindle
View: 1836
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This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.