principles of european prison law and policy penology and human rights

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Principles Of European Prison Law And Policy

Author : Dirk van Zyl Smit
ISBN : 9780191018824
Genre : Law
File Size : 56. 93 MB
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In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.

Principles And Values In Criminal Law And Criminal Justice

Author : Lucia Zedner
ISBN : 9780199696796
Genre : Law
File Size : 35. 75 MB
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Bringing together leading international scholars, this volume explores questions of principle and value in criminal law and criminal justice. The collected essays celebrate the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford. Andrew Ashworth's influence upon criminal law, criminal justice, and punishment has been immense. This work celebrates that influence. Ashworth is renowned, not least, for hiscommitment to elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing. The essays in this volume advance his project of exploring normative issuesat the heart of criminal law and criminal justice. The contributing authors have written highly original essays examining issues and topics to which Ashworth has made a particular contribution.

Mass Incarceration On Trial

Author : Jonathan Simon
ISBN : 9781595587923
Genre : Law
File Size : 52. 10 MB
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For nearly forty years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading—relying on racist gangs, lockdowns, and Supermax-style segregation units to maintain a tenuous order. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions—culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court—that has opened an unexpected escape route from this trap of “tough on crime” politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. Simon argues that much like the school segregation cases of the last century, these new cases represent a major breakthrough in jurisprudence—moving us from a hollowed-out vision of civil rights to the threshold of human rights and giving court backing for the argument that, because the conditions it creates are fundamentally cruel and unusual, mass incarceration is inherently unconstitutional. Since the publication of Michelle Alexander’s The New Jim Crow, states around the country have begun to question the fundamental fairness of our criminal justice system. This book offers a provocative and brilliant reading to the end of mass incarceration.

The Local Relevance Of Human Rights

Author : Koen De Feyter
ISBN : 9781139501552
Genre : Political Science
File Size : 55. 66 MB
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Do human rights offer real protection when disadvantaged groups invoke them at the local level in an attempt to improve their living conditions? If so, how can we make sure that the experiences of those invoking human rights at the local level have an impact on the further development of human rights (at national and other levels) so that the local relevance of human rights increases? Since the adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948, numerous international documents have reaffirmed human rights as global norms. This book examines what factors determine whether appeals to human rights that emanate from the local level are successful, and whether the UDHR adequately responds to threats as currently defined by relevant groups or whether a revision of some of the ideas included in the UDHR is needed in order to increase its contemporary relevance.

Offender Supervision In Europe

Author : Fergus McNeill
ISBN : WISC:89124290313
Genre : Law
File Size : 33. 78 MB
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For the last thirty years or so, penal theorists and researchers have been preoccupied with mass incarceration. This book focuses on the neglected area of offender supervision which has developed rapidly in scale, distribution and intensity in recent years, providing a unique insight into offender supervision in the European community.

Kriminalit T Kriminalpolitik Strafrechtliche Sanktionspraxis Und Gefangenenraten Im Europ Ischen Vergleich

Author : Frieder Dünkel
ISBN : 9783936999761
Genre : Crime
File Size : 79. 29 MB
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The British National Bibliography

Author : Arthur James Wells
ISBN : STANFORD:36105211722686
Genre : English literature
File Size : 45. 26 MB
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Von Den Verbrechen Und Strafen

Author : Cesare Beccaria
ISBN : KBNL:KBNL03000143429
Genre : Crime
File Size : 73. 72 MB
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European Penology

Author : Tom Daems
ISBN : 9781782251293
Genre : Law
File Size : 65. 82 MB
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Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

Long Term Imprisonment And Human Rights

Author : Kirstin Drenkhahn
ISBN : 9781317684442
Genre : Social Science
File Size : 35. 52 MB
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Prisons and imprisonment have become a commonplace topic in popular culture as the setting and rationale for fiction and documentaries and most people seem to have a clear notion of what it is like in prison, ranging from the idea of the prison cell as a cosy nook with fast internet access to that of a dungeon with a hard bed and a diet of bread and water. But what is prison really like? Do prisoners have the same rights as everyone else? What are the similarities and differences between prisons in different European countries? This book answers all of these questions, whilst also presenting cutting-edge research on the living conditions of long-term prisoners in Europe and considering whether these conditions meet international human rights standards. Bringing together leading experts in the field, with comprehensive coverage of the issues in Belgium, Croatia, Denmark, England, Finland, France, Germany, Lithuania, Poland, Spain and Sweden, this book offers the first comparative study on the subject. Whereas past research in this area has concentrated on the Anglo-American experience, this book offers a truly comparative European approach and pays due attention to the differences in prison systems between the post-Soviet countries and continental Europe. This book will be key reading for academics and students of criminology, criminal justice and penology and will also be of interest to students and practitioners of law.

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