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Fair Trials: The European Criminal Procedural Tradition and the European Court of Human Rights
ARTICLE 6 OF THE European Convention on Human Rights has become the defining standard within Europe for determining the fairness of criminal proceedings. Its success has been attributed to the fact that it is not based on a particular model of criminal procedure. In this regard it is no coincidence that much of the literature on comparative criminal procedure law continues to adhere to an understanding of European criminal procedural systems as divided into two groups: the accusatorial and the inquisitorial. In Part One, this understanding of European criminal proceedings is challenged by an examination of the work of various important European jurists of the nineteenth century....
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Criminal Law Theory: Doctrines of the General Part
Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
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Action And Value in Criminal Law
Study of the philosophical foundations of the criminal law has long been treated as an adjunct to the study of punishment. In this collection of specially commissioned essays, leading philosophers and criminal lawyers from the UK, USA, and Canada break with this tradition. Ranging across such central issues as moral luck, mistake, and mental illness, Action and Value in Criminal Law aims to reorientate the study of criminal law.
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The Application of Islamic Criminal Law in Pakistan
Islamic criminal law is not something anachronistic, as is the assumption of many scholars interested in the Arab and Muslim world.1 It is in fact the prevailing form of law in many Muslim states2 and may well become a penal law in the majority in the future. According to a recent survey conducted by Gallup World Poll, an average of 79% of people in the ten Muslim countries3 opined that the incorporation of Sharia must be a source of legislation
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FORENSIC EVIDENCE: SCIENCE AND THE CRIMINAL LAW SECOND EDITION
Forensic Evidence: Science and the Criminal Law (Second Edition), is intended to serve as an introduction and guide to the appreciation and understanding of the significant historic, contemporary, and future relationship between the world of the forensic sciences and the criminal justice system. This book is not intended to be a close study of forensic science, nor was it ever conceived as becoming one. It is devoted to a study of the judicial response to uses of forensic science in the investigation, prosecution, and defense of a crime....
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FORENSIC EVIDENCE: SCIENCE AND THE CRIMINAL LAW
Forensic Evidence: Science and the Criminal Law is intended to serve as an introduction and guide to the appreciation and understanding of the significant historical, contemporary, and future relationship between the world of the forensic sciences and the criminal justice system. This book is not intended to be a close study of forensic science, nor was it ever conceived as becoming one. It is devoted to a study of the judicial response to uses of forensic science in the investigation, prosecution, and defense of a crime....
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The Victim in Criminal Law and Justice
Governmentality identifies that regulation is constituted by micro instances of rule rather than by a centralised power or agent. Governmentality challenges the assumption that regulation is effected by centralised government over a constituency, arguing instead that regulatory practices exist everywhere, in the particular, such that macro regimes of rule can be deconstructed into their constitutive rationales and programs (Foucault, 1982, 1991; Dean, 1999). When viewed in light of this perspective, the history of the crime victim as a common law subject maps a different narrative than that traditionally offered by legal theorists, victimologists and criminologists alike....
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EU Criminal Law
One of the most striking developments in European Union law has been the growth of EU measures in the field of criminal law. The increasingly assertive presence of the Union in this field raises profound questions about national sovereignty, the relationship between the individual and the state and the role of the European Union. As an expression of the coercive powers of the State, criminal law is perceived to fall par excellence within the province of national sovereignty. There is no historical precedent of building a supra-national system of criminal law. Since the coming into force of the Treaty of Maastricht and, especially, the Treaty of Amsterdam, the...
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Victims’ Rights and Victims’ Wrongs
this book is about the “penal couple,”1 the two individuals most directly involved in a criminal act— the victim and the perpetrator. What roles do they play in a criminal episode? How should we evaluate their participation in it and attribute liability for the resulting harm? Should the perpetrator always be the single culprit or should his responsibility depend on the conduct of the victim? Th ese questions are at the center of Victims’ Rights and Victims’ Wrongs: Comparative Liability in Criminal Law....
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Islamic Criminal Law in Northern Nigeria
On 19 August 2002, Amina Lawal of Kurami village in northern Nigeria’s Katsina State, a divorcee of 30 years of age, lost the appeal of her sentence of death by stoning for extramarital sexual intercourse, which had been imposed by a sharia court in the town of Bakori in March of the same year on the strength of a pregnancy out of wedlock. The upper sharia court that handled the appeal did not accept Lawal’s withdrawal of her initial confession and confirmed the verdict of first instance....
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Routledge Handbook of International Criminal Law
The chapter headings of this handbook provide a good indication of the meaning of the term ‘international criminal law’. Nevertheless, it is not a simple matter to furnish a succinct definition. The French language distinguishes between droit international pénal and droit pénal international. The difference between the two terms seems to reside largely in the types of crimes they address. Thus, droit pénal international refers to a body of law governing relationships between states in the suppression of so-called ordinary crimes, such as murder and rape, as well as organized criminal activity when it takes on an international dimension. By contrast, droit inter national pénal is focussed...
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Punishment, Responsibility, and Justice: A Relational Critique
This book addresses the retributive and orthodox subjectivist theories that dominate criminal justice theory alongside recent revisionist and postmodern approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.
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Psychiatric Aspects of Justification, Excuse and Mitigation in Anglo-American Criminal Law
Higgs, the central character of Samuel Butler’s Erewhon, finds himself in a country where criminality is regarded as a sign of ill-health, and illness as deserving of moral opprobrium. He attends the trial of a man charged with pulmonary consumption. The man’s incessant coughing counts against him, as does his previous conviction for aggravated bronchitis; he is convicted and sentenced to a lifetime of hard labour (Butler 1872, pp.95–101). At the end of the book Higgs, facing prosecution for catching measles, is forced to flee....
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Fundamentals of Sentencing Theory: Essays in Honour of Andrew Von Hirsh
The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders,...
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Definition in the Criminal Law
THE CONDITION OF the law attracts the attention of a number of parties, and arouses their passions in different ways. If we permit some caricature, the judge charged with applying the law complains about the difficult state of the law which makes the judicial role so burdensome, but considers that only the judicial mind, honed by practical experience, is capable of dealing effectively with the complexities faced in the law. The orthodox academic commentator bemoans the incoherent state of the law, to which unreflective judicial responses have made a major contribution, and considers that only a rigorous application of rational principle can redeem the law....
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Harm and Culpability
Criminal Law raises hard questions concerning such issues as what acts should be prohibited, and in what circumstances should persons who perpetrate those acts be held responsible for them? Issues of harm and culpability pervade the criminal law, challenging all who seek a principled rather than an ad hoc understanding of the rules that constitute it.
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Answering for Crime Responsibility and Liability in the Criminal Law
‘Wounding with intent’ is a criminal offence in English law: it is committed by someone who causes a wound or grievous bodily harm to another, intending to cause grievous bodily harm or to resist or prevent a lawful arrest;1 but a person who commits that offence can still gain an acquittal by offering a defence—for instance of self-defence or duress.
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Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
The essays in this collection were initially presented as papers at a workshop on Regulating Deviance that took place at the International Institute for the Sociology of Law in Onati, Spain in June 2007. The main aim of the workshop was to gather together experts in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law in order to focus on the future directions for the criminal law in the light of current concerns with state security and regulating ‘deviant’ behaviour. The papers were subsequently revised and edited to take into account the discussions that took place at the workshop....
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FEMINIST PERSPECTIVES ON CRIMINAL LAW
Crime and society’s responses to it, like virtually all social phenomena, are heavily influenced by issues of gender. Gender distinctions are made in deciding what activities are criminal. Gender significantly affects who commits crimes and what crimes they commit. Those involved in enforcing the criminal law—the police, other enforcement agencies, prosecutors, juries and judges—are influenced by gender in deciding who might have committed crimes, who ought to be prosecuted, whether they are, in fact, guilty and how they should be punished....
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Principles of criminal law 4th edition
The three years since the publication of the third edition of this book has seen a significant amount of government activity in the areas of criminal justice, but very little by way of legislative reform of the substantive criminal law. In this period, the Crime Sentences Act 1997, the Crime and Disorder Act 1998 and the Youth Justice and Criminal Evidence Act 1999 have all made appearances to varying degrees of critical acclaim. The legislation that may yet prove to have the most impact on the substantive law is the Human Rights Act 1998, with the majority of provisions having come into effect on 2 October 2000....
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Criminal Law Library Volume 1: Self-Defence in Criminal Law
This book combines a careful philosophical discussion of the rationale justifying self-defence together with detailed discussions of the range of statutory selfdefence requirements, as well as discussions of numerous other relevant issues (ie, putative self-defence, excessive self-defence, earlier guilt, battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then, to derive the appropriate solutions. The first part of the book therefore contains an in-depth discussion of the rationale for self-defence: why society does not just excuse...
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Lacey, Wells and Quick Reconstructing Criminal Law Text and Materials Fourth edition
Images of criminal law infuse our everyday lives. From newspapers and television news programmes reporting incidents or trials, to detective novels, films and television series such as The Bill, Law and Order, Silent Witness and The Wire, crime and the control of crime pour into our individual and collective consciousness. The images produced are complex and contradictory: heroic detectives compete for our attention with ‘bent’ police; wily criminals and informers jostle with the inadequate, the psychopath, the wife-batterer and even, on occasion, the offender with whom we are invited to sympathise; the dramatic appeal of racial injustice vies with the cultural resonance of racist stereotypes....
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THE COMMON PEACE Participation and the criminal law in seventeenth-century England
This project has allowed me the luxury of following my curiosity to its natural end, and it is a pleasure to thank those who have made it possible. Graduate fellowships from the Fulbright-Hays program, the American Association of University Women, and Northwestern University helped to underwrite the early stages of my research and writing. The American Council of Learned Societies, the Horace H. Rackham fund of the University of Michigan, and Duke University provided later sustenance, computer support and time away from teaching duties....
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Criminal Law and Procedure Fifth Edition
Like its four previous editions, Criminal Law and Procedure, 5th Edition, is a comprehensive text covering both substantive criminal law and criminal procedure. The importance of constitutional law to these fields is emphasized, as are practical insights. This book has been designed for use in undergraduate programs in both legal studies and criminal justice.
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Criminal law
Now in its third edition, Elliott and Quinn's Criminal Law is an established and popular textbook with students and lecturers alike. In essence, it provides a lively, clear and comprehensive explanation of English criminal law for students new to the subject.
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A Modern Treatise on the Principle of Legality in Criminal Law
The present book is based on the lectures delivered by the author in the past few years as part of the Criminal Law course of the Faculty of Law at the Ono Academic College. There has been little research on the principle of legality in modern criminal law, although this is one of the most ancient legal principles of human society. In recent generations there have been several attempts to define the principle conclusively, but only with regard to some of its aspects. No comprehensive definition of the principle of legality has been attempted to date....
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Understanding criminal law
When a student of criminal law is asked to define the subject matter of his field of study, he is immediately put into a position somewhat reminiscent of a First World War infantryman being sent over the top to negotiate his way through a minefield of unexpected procedural, linguistic and philosophic difficulties. The main problem originates from the fact that the concept of crime encompasses two distinct although overlapping ideas: that of behaviour; and that of the official status, or criminal label, which is attached to the behaviour. Because the official status of the same behaviour may well change over time, it is impossible to formulate a...
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INTERNATIONAL AND COMPARATIVE CRIMINAL LAW SERIES
This book contains an overview of legal defenses in international criminal law that may be sustained before international criminal tribunals against war crimes charges. With the advent of the International Criminal Court, the subject matter of this book seems to be a topical one. My interest, especially in the role of the Rule of Law with regard to these defenses, derives from my 1998 Ph.D. thesis on the subject of “duress and law-finding,” in which, inter alia, the Rule of Law was propounded....
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BASIC CONCEPTS OF CRIMINAL LAW
This book began not as a scholarly enterprise but as a service to the text-hungry law faculties of Russia and other post-Communist countries in Asia and Eastern Europe. I wanted to write a book that would introduce Russian law students to Western ways of thinking about criminal law. Indeed, I conceived of doing a series of books for Russian law students on basic concepts of law, with an emphasis on jurisprudential and comparative issues. The Constitutional and Legislative Policy Institute in Budapest, then headed by Stephen Holmes, thought that this was a good idea, and we entered into a contract to supply the first two books in the series,...
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FORMS OF RESPONSIBILITY IN INTERNATIONAL CRIMINAL LAW International Criminal Law Practitioner Library Series Volume I
International criminal law is a new branch of law, with one foot in international law and the other in criminal law. Until the Nuremberg trial, international criminal law was largely ‘horizontal’ in its operation – that is, it consisted mainly of co-operation between states in the suppression of national crime. Extradition was therefore the central feature of international criminal law. Of course there were international crimes, crimes that threatened the international order, such as piracy and slave trading, but with no international court to prosecute such crimes, they inevitably played an insignificant part in international criminal law....
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