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Developing Restorative Justice Jurisprudence

Developing Restorative Justice Jurisprudence Author Tony Foley
ISBN-10 9781317151845
Release 2016-04-22
Pages 262
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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.



Restorative Justice Responsive Regulation

Restorative Justice   Responsive Regulation Author John Braithwaite
ISBN-10 9780195158397
Release 2002
Pages 314
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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.



Atrocity Punishment and International Law

Atrocity  Punishment  and International Law Author Mark A. Drumbl
ISBN-10 9781139464567
Release 2007-04-30
Pages
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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.



Corruption and Conflicts of Interest

Corruption and Conflicts of Interest Author Jean-Bernard Auby
ISBN-10 9781781009352
Release 2014-02-28
Pages 352
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As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative an



Traditional Justice and Reconciliation After Violent Conflict

Traditional Justice and Reconciliation After Violent Conflict Author Lucien Huyse
ISBN-10 9185724289
Release 2008
Pages 203
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This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.



Contested Justice

Contested Justice Author Christian De Vos
ISBN-10 9781316483268
Release 2015-12-18
Pages
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The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.



Handbook of Restorative Justice

Handbook of Restorative Justice Author Gerry Johnstone
ISBN-10 9781134015269
Release 2013-01-11
Pages 672
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This book provides a comprehensive and authoritative account and analysis of restorative justice, one of the most rapidly growing phenomena in the field of criminology and justice studies. This book aims to meet the need for a comprehensive, reliable and accessible overview of the subject. It draws together leading authorities on the subject from around the world in order to: elucidate and discuss the key concepts and principles of restorative justice explain how the campaign for restorative justice arose and developed into the influential social movement it is today describe the variety of restorative justice practices, explain how they have developed in various places and contexts, and critically examine their rationales and effects identify and examine key tensions and issues within the restorative justice movement brings a variety of disciplinary and interdisciplinary perspectives to bear upon the understanding and assessment of restorative justice. The Handbook of Restorative Justice is essential reading for students and practitioners in the field.



The Genocide Convention

The Genocide Convention Author John Quigley
ISBN-10 9781409493075
Release 2013-01-28
Pages 320
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The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.



Legitimacy and Criminal Justice

Legitimacy and Criminal Justice Author Tom R. Tyler
ISBN-10 9781610445412
Release 2007-10-25
Pages 408
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The police and the courts depend on the cooperation of communities to keep order. But large numbers of urban poor distrust law enforcement officials. Legitimacy and Criminal Justice explores the reasons that legal authorities are or are not seen as legitimate and trustworthy by many citizens. Legitimacy and Criminal Justice is the first study of the perceived legitimacy of legal institutions outside the U.S. The authors investigate relations between courts, the police, and communities in the U.K., Western Europe, South Africa, Slovenia, South America, and Mexico, demonstrating the importance of social context in shaping those relations. Gorazd Meško and Goran Klemencic examine Slovenia’s adoption of Western-style “community policing” during its transition to democracy. In the context of Slovenia’s recent Communist past—when “community policing” entailed omnipresent social and political control—citizens regarded these efforts with great suspicion, and offered little cooperation to the police. When states fail to control crime, informal methods of law can gain legitimacy. Jennifer Johnson discusses an extra-legal policing system carried out by farmers in Guerrero, Mexico—complete with sentencing guidelines and initiatives to reintegrate offenders into the community. Feeling that federal authorities were not prosecuting the crimes that plagued their province, the citizens of Guerrero strongly supported this extra-legal arrangement, and engaged in massive protests when the central government tried to suppress it. Several of the authors examine how the perceived legitimacy of the police and courts varies across social groups. Graziella Da Silva, Ignacio Cano, and Hugo Frühling show that attitudes toward the police vary greatly across social classes in harshly unequal societies like Brazil and Chile. And many of the authors find that ethnic minorities often display greater distrust toward the police, and perceive themselves to be targets of police discrimination. Indeed, Hans-Jöerg Albrecht finds evidence of bias in arrests of the foreign born in Germany, which has fueled discontent among Berlin’s Turkish youth. Sophie Body-Gendrot points out that mutual hostility between police and minority communities can lead to large-scale violence, as the Parisian banlieu riots underscored. The case studies presented in this important new book show that fostering cooperation between law enforcement and communities requires the former to pay careful attention to the needs and attitudes of the latter. Forging a new field of comparative research, Legitimacy and Criminal Justice brings to light many of the reasons the law’s representatives succeed—or fail—in winning citizens’ hearts and minds. A Volume in the Russell Sage Foundation Series on Trust



Policing Undocumented Migrants

Policing Undocumented Migrants Author Louise Boon-Kuo
ISBN-10 9781317096337
Release 2017-08-07
Pages 220
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Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people ‘illegal’. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.



Kenya Justice Sector and the Rule of Law

Kenya  Justice Sector and the Rule of Law Author PK Mbote
ISBN-10 9781920489182
Release 2011
Pages 209
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The premise of this report is based on Kenya's policy blueprint, Vision 2030, which places rule of law at the center of its goals. It was commenced at the same time as the nation was recuperating from the post-election poll, which resulted in many Kenyans expressing disappointment at the nation's democratic institutions. The study, produced by AfriMAP and the Open Society Initiative for Eastern Africa, examines and makes recommendations for the following topics: justice sector and rule of law; legal and institutional framework; government track record in respect to rule of law; management of the justice system; independence of the bench and bar; criminal justice; access to justice; and the role of donor agencies.



Active Complementarity

Active Complementarity Author Morten Bergsmo
ISBN-10 8293081562
Release 2011
Pages 571
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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.



Ethics and Criminal Justice

Ethics and Criminal Justice Author John Kleinig
ISBN-10 9781139469890
Release 2008-03-13
Pages
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This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.



Principled International Criminal Justice

Principled International Criminal Justice Author Mark Findlay
ISBN-10 0815367007
Release 2018
Pages 192
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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 and aiding and abetting as case-studies in distortion. The substantial harm focus of ICJ 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.



Understanding Gender Crime and Justice

Understanding Gender  Crime  and Justice Author Merry Morash
ISBN-10 0761926305
Release 2006
Pages 311
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Why are there pronounced gender differences in rates of criminal victimization? Does gender influence the response of the criminal justice system and other parts of the community to offenders and to crime victims? What part does gender play in the etiology of illegal activities committed by both males and females? Understanding Gender, Crime, and Justice takes a contemporary look at such questions and considers areas that are often neglected in other books on gender, crime, and justice. In the last three decades, there has been an explosion of theory and related research relevant to gender, crime, and justice. Author Merry Morash, a well-known feminist scholar in the field of criminal justice, acquaints readers with key breakthroughs in criminological conceptualization and theories to explain the interplay between gender and both crime and justice. Understanding Gender, Crime, and Justice pays especial attention to race, ethnicity, and immigrant groups, and provides a unique comparative perspective. Key Features Includes first-person accounts from crime victims, workers in the justice system, male lawbreakers, and women engaged in prostitution to give insight into a diversity of experiences and standpoints Parallels the effects of gender and sexual orientation in laws, in patterns and causes of victimization, and in the responses of the justice system to both victims and offenders Integrates international examples to place U.S. experiences in a comparative perspective and to show gender inequities on a worldwide scale Provides numerous photos--unique for a text of this type--to portray people of all sorts in various regions of the world Includes Web site recommendations for further exploration of chapter topics Understanding Gender, Crime, and Justice is an ideal textbook for undergraduate and graduate courses that focus on women and criminal justice. The book is also a valuable asset for gender courses in sociology and for women's studies programs.



Criminal Law Reform and Transitional Justice

Criminal Law Reform and Transitional Justice Author Dr Lutz Oette
ISBN-10 9781409497790
Release 2013-02-28
Pages 328
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Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.



The Crime of Destruction and the Law of Genocide

The Crime of Destruction and the Law of Genocide Author Caroline Fournet
ISBN-10 9781317037033
Release 2016-03-16
Pages 216
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This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.