Tài liệu miễn phí Luật học
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This volume brings together some of the best recent work by philosophers
and legal theorists on the conceptual and normative grounding of international
criminal law. Philosophers and other theorists are only just beginning
to write about the emerging field of international criminal law. International
law has taken a significant turn in recent years. Rather than being primarily
concerned with the relations of states, one significant branch of international
law – namely, international criminal law – now concerns the relations of individuals,
specifically, the responsibility of individuals for mass atrocities....
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People write books for many reasons. Some write for
money, while others have stories to tell. Some write to fill
personal or social needs. I wrote as a result of a number
of factors that seemed to coalesce at one time.
The first factor was a client who didn't pay me. I
thought at the time that the advice I had given was good.
Since I had done the research for the opinion, why not
put the information I had gleaned from various sources to
good use?
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In the all too lengthy process of writing and re-writing I have incurred an
enormous number of debts, intellectual, emotional and (more often than I
would have wished) financial. I cannot easily repay these, but by their
acknowledgement I can formally record my gratitude to some of the
people who have responded to my many requests for assistance.
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Following the signing of the Lisbon Treaty the authors took a strategic
decision to ring-fence discussions of the relevant changes in the book. If
you read the ‘boxed text’ throughout this book, you will realise that the
changes affecting the field of criminal law contained in the Lisbon Treaty
are particularly important. The value of this ring-fencing approach was
demonstrated when on Friday 13 June 2008 the legislation necessary to
ratify the Lisbon Treaty by Ireland was rejected in a referendum. At
present, the EU and Member State leadership are unsure whether and (if
so) how to salvage at least some of the reforms contained in the Lisbon
Treaty....
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This book is a unique reference, aimed at filling in the existing void and
bridging a linguistic, as well as a cultural, gap between Americans and Russians
in the legal sphere. It is the first English-Russian Dictionary of American
Criminal Law to be published in this country.
The demand for this kind of materials in the United States has been
growing steadily over the past few years. Since the end of the Cold War
thousands of Russians have come to the United States including political and
religious refugees, immigrants, scientists, tourists, business people, and,
regrettably, criminals. The Russian Mafia terrorizes American cities on the East
Coast and is spreading...
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This book reflects the insights and ideas developed over the course of twenty years of teaching
criminal law and criminal procedure to undergraduate criminal justice students. The volume
combines the concepts and learning tools found in undergraduate texts with the types of challenging
cases and issues that are characteristic of law school casebooks.
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This book is meant as a companion to my translation of the German Criminal
Code, recently published by Hart. Despite the fact that there are many publications
that deal with individual comparative aspects of German criminal law, a
coherent presentation of the main principles in English has been missing so far. I
hope that the book together with the Criminal Code translation will give readers a
reliable first impression of the German law
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D stabbed a pregnant woman with the intention of harming her alone. She
then went into premature labour, her child being born alive. D pleaded
guilty to wounding the woman with intent. Subsequently, her child died
owing to its prematurity, and D was charged with murder
Held D could be guilty of manslaughter but not murder. The requisite
intent to be proved in the case of murder was an intention to kill or cause
really serious bodily injury to the mother, the foetus before birth being
viewed as an integral part of the mother. Such intention was appropriately
modified in the case of manslaughter....
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Few among us can claim to have shaped the course of world history.
M. Cherif Bassiouni, however, is just such a man. Often referred to as the
“father” of modern international criminal law, his fingerprints are upon
every major international criminal law instrument of the past 45 years
including the Apartheid Convention, the Torture Convention, and the
Rome Statute for the International Criminal Court. An extraordinarily
prolific scholar, Bassiouni has written and edited 72 books on Extradition
Law, International and Comparative Criminal Law, International Human
Rights, and U.S. Criminal Law....
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This Sourcebook seeks to provide a handy set of reference materials for students
studying criminal law on undergraduate or CPE programmes. As such it offers
coverage of the mainstream criminal offences through statutory and case law
materials.
Since the first edition of this book appeared in 1997 there have been many
significant developments in the field of substantive criminal law, primarily
through the endeavours of the judiciary. Included in this second edition are
comprehensive extracts from key House of Lords decisions such as B v DPP
(mistake of fact/strict liability); R v Hinks (theft); R v Smith (provocation); and R
v Powell and Daniels; R v English (accessorial liability),...
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As the International Criminal Court is gathering momentum and facing a growing
case-load, it appears necessary to revisit the fundamental concept underpinning
the Rome Statute: complementarity. Despite its apparent simplicity, this notion is
extremely complex and the Court is now faced with pressing questions regarding its
interpretation. Yet, no comprehensive study has hitherto been undertaken regarding
the multiple facets, historical and contemporary, legal, philosophical and practical of
the notion of complementarity...
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Fift y years aft er the victorious allies brought Axis war criminals to justice at
the Nuremberg and Tokyo tribunals, the United Nations (U.N.) Security Council
established an ad hoc tribunal to prosecute those accused of international
crimes in the former Yugoslavia. Th e years that had elapsed between the creation
of the World War II tribunals and the International Criminal Tribunal for
the former Yugoslavia (ICTY) saw thousands of atrocities that resulted in millions
of deaths but that were followed by virtually no prosecutions....
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The purpose of this book is to assist students in their study of
criminal law and it is aimed primarily at those who are studying
on degree courses and courses leading to professional
examinations. It is not intended to replace standard textbooks,
law reports and academic journals but to complement them by
providing illustrations of answers to typical examination and
course assessment questions. It is anticipated that it will be of
most use to the student who has acquired a good knowledge of
the relevant rules and principles of criminal law but who still
experiences difficulty in expressing that knowledge....
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This walk-through is intended to
quickly familiarize you with what
may happen as a case wends its way
through the criminal justice system. While
no two cases follow the identical procedural
path, the example provides an overview of
the entire process and serves as a guide to
where you’ll find answers to the questions
posed in the walk-through, as well as loads
of additional important information.
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Tham khảo sách 'the criminal law handbook: know your rights, survive the system 12th edition', kinh tế - quản lý, luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả
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Tham khảo sách 'the criminal law handbook know your rights, survive the system 9th edition', kinh tế - quản lý, luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả
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Just about everyone is touched in some
way by our criminal justice system. You, a
relative or a friend may be arrested and
charged with a crime. Or perhaps you’ve
been the victim of one. Maybe you’re a
teacher, social worker or counselor who
needs clear answers to pressing questions so
you can help others understand how the
criminal justice system works. This book is
for all of you, and for anyone else who
wants to understand a little more about such
gripping modern-day dramas as the O.J.
Simpson, Menendez brothers and Timothy
McVeigh trials....
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Paul Robinson thanks the participants of faculty workshops at Northwestern
University School of Law and University of Minnesota Law School, and
the Fordham University School of Law Advanced Criminal Law Seminar.
The first presentation of these materials was as the Sackler Professorship
Lecture at Tel Aviv University in December 2000. Research into the case facts
and the collection of the many photographs was done through the unstinting
efforts of several generations of research assistants, including, most ably,
Michael Areinoff, Joseph Wheatley, Lindsay Suttenberg, and Steven Valdes,
of the University of Pennsylvania Law School, and Alex Paul, Megan Bell,
and Stephen Haedicke of the Northwestern University School of Law....
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By 2003 an explosion in political, legislative and academic interest in the field of
trafficking and smuggling of human beings in Europe was well underway. It was
in part a reflection of the international concern regarding smuggling and trafficking
which was expressed in the United Nations Convention against Transnational
Organised Crime and two draft protocols, one to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children and the other to
combating smuggling of persons which supplement the convention adopted in
2000....
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The Clerk for Public Prosecutions allowed me access to the criminal records which
provide the basis for this book. Dawn Troy of the New South Wales Archives Office
made records awaiting restoration available for my research; she also provided me with
lists of cases. Di Rhodes of the Dixson Library assisted me in locating police bench
records for Sydney. The staff of the New South Wales Archives Office were also most
helpful in locating records, advising copying procedures and tolerating my requests.
Though I spent less time in the Mitchell Library, staff there were similarly helpful....
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This book is the result of long-standing collaboration between Cardiff Law
School, University of Wales, and the Willem Pompe Institute for Criminal Law
and Criminology of the University of Utrecht. It is the fifth book to appear since
our first research contacts in 1986.1 Since those early days, our field of collaborators
has broadened considerably. Some of the original group have moved on
to work elsewhere, but have nevertheless remained sufficiently involved to want
to contribute to this volume. We have also sought to interest researchers from
other universities and institutes, both in and outside the United Kingdom and
The Netherlands, in our continuing and widening comparative studies....
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Consumer protection law and criminal law have both received considerable
analysis from academic lawyers. The role of legal intervention with
the aim of protecting the consumer has come in for scrutiny in a number
of seminal works, many of which concentrate upon the role of consumer
law in the marketplace. The role of criminal law has also been discussed
by a large number of leading commentators, with particular attention being
paid to the boundaries of criminal sanctions, and particular concern
being addressed to increasing criminalisation. Against this background, it
is surprising that so little has been written about the role of criminal sanctions
in the protection of the consumer....
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This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great...
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Mental condition defences have been used in several high-profile and controversial criminal trials in recent years. indeed, mental abnormality is increasingly an important yet complex source of defence within the criminal trial process. The author offers a detailed critical analysis of those defences within the Criminal Law where the accused relies on some form of mental abnormality as a source of defence.
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When knowledge of the atrocities of the National Socialist regime spread, there was
a feeling among contemporary observers that they were faced with a phenomenon
that was poorly addressed by the existing rules of international law. In those days,
Winston Churchill felt that the world was in the presence of a ‘crime without
a name’. And in those days, Raphael Lemkin, a Polish lawyer who had lost 49
members of his family in the Holocaust, gave a name to the crime. It was in his
seminal book Axis Rule in Occupied Europe (1943/1944) that the term ‘genocide’
made its first appearance; the root of a concept on...
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Mental health and legal professionals face formidable challenges in applying
their knowledge and expertise to the criminal justice system. This
book addresses psycholegal issues from both law (e.g., statutes, case law,
and legal theory) and clinical-forensic (e.g., empirically based knowledge
and specialized methods) perspectives.Within the criminal justice system,
it considers the major legal, empirical, and forensic issues found in the
law–mental health interface.
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This project is the outcropping of work undertaken at two universities,
Nottingham and Manchester: first at Nottingham, as a research student,
next at Manchester as a lecturer and, finally, back at Nottingham as
an academic. From my early days at Nottingham, I owe a debt of gratitude
to my supervisors Nigel D. White and Dino Kritsiotis, and to David
Harris and the School of Law for granting me a scholarship to pursue
my interest in international criminal law.
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With the start of the first prosecutions by the International Criminal Court and the
closing phases of the work of the ad hoc Tribunals, this is a good time for a new book
on international criminal law and its institutions. This book is intended as an accessible
yet challenging explanation and appraisal of international criminal law and
procedure for students, academics and practitioners. We focus on the crimes which
are within the jurisdiction of international courts or tribunals – genocide, crimes
against humanity, war crimes and aggression – and the means of prosecuting them.
We also briefly discuss terrorist offences, torture, and other crimes which are not...
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Our intention for this second edition is the same as it was for the first: to provide an
accessible yet challenging explanation and appraisal of international criminal law and
procedure for students, academics and practitioners. We focus on the crimes which are
within the jurisdiction of international courts or tribunals – genocide, crimes against humanity,
war crimes and aggression – and the means of prosecuting them. We also briefly discuss
terrorist offences, torture, and other crimes which are not (yet) within the jurisdiction of an
international court or tribunal....
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Recent Supreme Court decisions categorically preclude the application of capital
punishment to convicted offenders who were below the age of eighteen or mentally
retarded at the time they committed the crimes for which they were sentenced.1 Neither
opinion suggests that offenders in these categories cannot be criminally responsible
for their offenses, and the Atkins opinion explicitly recognizes that some mentally
retarded offenders can qualify as criminally responsible for their offenses.2 In each
case, part of the reasoning in support of the exemption from capital sentences purports
to show that capital punishment of these offenders would serve neither the retributive
nor the deterrent functions of criminal punishment.3 Both opinions...
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