plea bargaining in national and international law a comparative study

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Plea Bargaining In National And International Law

Author : Regina Rauxloh
ISBN : 9780415597869
Genre : Law
File Size : 32. 7 MB
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Plea bargaining is one of the most important and most discussed issues in modern criminal procedure law. Based on historical and comparative legal research, the author has analysed the wide-spread use of plea bargaining in different criminal justice systems. The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. Drawing on her research findings, the author goes on to discuss the extent to which plea bargaining should be developed in the International Criminal Court in The Hague, as the question of this practise is set to be one of the seminal debates in the development of international criminal procedures in the new International Criminal Court. Plea Bargaining in National and International Law will be of particular interest to academics and students of international criminal law, criminal procedures and comparative law.

International Practices Of Criminal Justice

Author : Mikkel Jarle Christensen
ISBN : 9781351384629
Genre : Law
File Size : 64. 57 MB
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International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

International Criminal Procedure

Author : Göran Sluiter
ISBN : 9780199658022
Genre : History
File Size : 51. 7 MB
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This major reference work identifies and crystallizes the common rules and principles underlying international criminal procedure, as developed by international courts and tribunals since the Second World War. It covers the whole of the international criminal process, from initial investigations to the role of victims and the final appeal.

Plea Bargaining Across Borders

Author : Jenia I. Turner
ISBN : 0735575711
Genre : Law
File Size : 74. 81 MB
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Plea Bargaining Across Borders: Criminal Procedure can be used alongside any criminal procedure casebook to explore how criminal defendants are treated under different national and international jurisdictions. Jenia Iontcheva Turner employs realistic hypothetical scenarios to illustrate how different attitudes toward plea bargaining and sentencing can produce a range of outcomes across jurisdictions. Organized and presented for students who may not be familiar with comparative and international law, "Plea Bargaining Across Borders: Criminal Procedure" features: coverage of three types of jurisdictions those that allow plea bargaining in all cases (e.g., the United States and international criminal courts) those that allow plea bargaining only for minor crimes (e.g., Germany, Bulgaria) those that do not formally allow plea bargaining under any circumstances (e.g., Japan), but that employ practices that are functionally similar to plea bargaining a consistent internal chapter structure: a brief history of plea bargaining in each jurisdiction relevant primary sources of law analysis that focuses on the participants, timing, and setting of negotiations and on the subject matter of plea agreements discussion of the legal conditions for a valid guilty plea discussion of the law regarding withdrawal of a guilty plea and breach of a plea agreement scholarly commentary supporting or criticizing plea bargaining succinct overview charts that show country comparisons at a glance hypothetical drug trafficking and homicide scenarios realistic hypothetical scenarios that depict plea bargaining in different kinds of criminal cases and require students to apply the laws of different jurisdictions to similar facts a unique combination of primary and secondary source materials, including interviews with practitioners and scholarly commentary Questions and Notes that fuel class discussion discussion of plea bargaining at international criminal courts, such as the international criminal tribunals for former Yugoslavia and Rwanda and the International Criminal Court free-standing chapters that allow instructors to tailor the coverage to their own teaching objectives Professor's Notes that offer guidance for teaching, link the hypotheticals to core course content, and reference additional materials addressing specific countries and comparative and international criminal procedure generally Incorporating materials common to the leading criminal procedure casebooks, Plea Bargaining Across Borders can be easily adapted to your criminal procedure syllabus. The entire book may be assigned over four or five classes, or single chapters may be inserted into the semester to introduce a transnational perspective to your course.

The Criminal Law Of Genocide

Author : Dr Paul Behrens
ISBN : 9781409495918
Genre : Law
File Size : 32. 4 MB
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This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

U S National Reports To The Xivth Congress Of The International Academy Of Comparative Law Athens Greece July 31 August 6 1994

Author : George A. Bermann
ISBN : STANFORD:36105061131103
Genre : Law
File Size : 58. 94 MB
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Die Rolle Des Richters Im Adversatorischen Und Im Inquisitorischen Beweisverfahren

Author : Emmanouil Billis
ISBN : 342814757X
Genre :
File Size : 57. 14 MB
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Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 34. 20 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

The Territorial Jurisdiction Of The International Criminal Court

Author : Michail Vagias
ISBN : 9781139916424
Genre : Law
File Size : 32. 51 MB
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There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.

Directory Of Law Enforcement And Criminal Justice Associations And Research Centers

Author : Law Enforcement Standards Laboratory
ISBN : UOM:39015077586686
Genre : Criminal justice, Administration of
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