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 : 37. 1 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.

Prisoners Rights

Author : Susan Easton
ISBN : 9781136817052
Genre : Social Science
File Size : 70. 80 MB
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Prisoners’ Rights: Principles and Practice considers prisoners’ rights from socio-legal and philosophical perspectives, and assesses the advantages and problems of a rights-based approach to imprisonment. At a time of record levels of imprisonment and projected future expansion of the prison population, this work is timely. The discussion in this book is not confined to a formal legal analysis, although it does include discussion of the developing jurisprudence on prisoners’ rights. It offers a socio-legal rather than a purely black letter approach, and focuses on the experience of imprisonment. It draws on perspectives from a range of disciplines to illuminate how prisoners’ rights operate in practice. The text also contributes to debates on imprisonment and citizenship, the treatment of women prisoners, and social exclusion. This book will be of interest to both undergraduate and postgraduate students of penology and criminal justice, as well as professionals working within the penal system.

Long Term Imprisonment And Human Rights

Author : Kirstin Drenkhahn
ISBN : 9781317684442
Genre : Social Science
File Size : 54. 21 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.

Mass Incarceration On Trial

Author : Jonathan Simon
ISBN : 9781595587923
Genre : Law
File Size : 47. 85 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 : 74. 31 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.

Prisons And Their Moral Performance

Author : Alison Liebling
ISBN : UOM:39076002427420
Genre : Social Science
File Size : 54. 55 MB
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This book constitutes a critical case study of the modern search for public sector reform. It includes a detailed account of a study aimed at developing a meaningful way of evaluating difficult-to-measure moral dimensions of the quality of prisons. Penal practices, values, and sensibilities have undergone important transformations over the period 1990-2003. Part of this transformation included a serious flirtation with a liberal penal project that went wrong. A significant factor in this unfortunate turn of events was a lack of clarity, by those working in and managing prisons, about important terms such as 'justice', 'liberal', and 'care', and how they might apply to daily penal life. Official measures of the prison seem to lack relevance to many who live and work in prison and to their critics. The author proposes that a truer test of the quality of prison life is what staff and prisoners have to say about those aspects of prison life that 'matter most': relationships, fairness, order, and the quality of their treatment. The book attempts a detailed analysis and measurement of these dimensions in five prisons. It finds significant differences between establishments in these areas of prison life, and some departures from the official vision of the prison supported by the performance framework. The information revolution has generated unprecedented levels of knowledge about individual prisons, as well as providing a management reach into establishments from adistance, and a capacity for 'chronic revision', that was unimaginable fifty years ago. Another major transformation - the modernisation project - brought with it a new, but flawed, 'craft' of performance monitoring and measurement aimed at solving some of the problems of prison management. This book explores the arrival and the impact of this concept of performance and the links apparently forged between managerialism and moral values.

Prisons Punishment

Author : David Scott
ISBN : 9781473905207
Genre : Social Science
File Size : 25. 94 MB
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Covering all the key topics across the subject of Penology, this book gives you the tools you need to delve deeper and critically examine issues relating to prisons and punishment. The second edition: explores prisons and punishment within national, international and comparative contexts, and draws upon contemporary case studies throughout to illustrate key themes and issues includes new sections on actuarial justice, proportionality, sentencing principles, persistent offending, rehabilitation, and abolitionist approaches to punishment features a companion website directing you towards relevant journal articles and web links. The book also includes a useful study skills section which guides you through essay writing and offers hints and tips on how you can get the most out of your lectures and seminars. This is the perfect primer for all undergraduate students of Criminology taking modules on Prisons and Punishment or Penology.

Taking Life Imprisonment Seriously In National And International Law

Author : Dirk Van Zyl Smit
ISBN : 9041117725
Genre : Law
File Size : 52. 64 MB
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CHAPTER 4 - GERMANY

Immigration Detention And Human Rights

Author : Galina Cornelisse
ISBN : 9789004173705
Genre : Law
File Size : 63. 14 MB
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Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Rethinking International Cooperation In Criminal Matters In The Eu

Author : Gert Vermeulen
ISBN : 9789046604878
Genre : Law
File Size : 63. 2 MB
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In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

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