Human Rights in the Investigation and Prosecution of Crime


Author: Madeleine Colvin,Jonathan Cooper
Publisher: Oxford University Press
ISBN: 0199214417
Category: Law
Page: 575
View: 2135

Continue Reading →

This new book is partly based on an earlier book, Criminal Justice, Police Powers and Human Rights (Blackstone's, 2001), which was published immediately after the Human Rights Act came into force. The subsequent developments in the criminal justice/human rights field have been so numerous, that a new dedicated text on the subject is required as opposed to just a new edition of the authors' previous book. This new book provides a detailed and practical analysis of the impact of UK human rights law on the investigation and prosecution of crime. It deals systematically with the various stages of investigation, arrest and detention in police custody, court procedure, evidence, sentencing, and appeals. The narrative provides a comprehensive, in-depth examination of the Regulation of Investigatory Powers Act (RIPA), looking in detail at the relationship between human rights and police investigatory and surveillance powers. The book is aimed directly at practitioners, and is logically divided into chapters dealing with a particular aspect of human rights in relation to the criminal process, including; the interception of communications and surveillance and intelligence issues; arrest and detention; bail; disclosure; mental health and capacity; sentencing; the rights of victims; extradition; and proceeds of crime.

Human Rights and Criminal Procedure

The Case Law of the European Court of Human Rights
Author: Jeremy McBride
Publisher: Council of Europe
ISBN: 9789287166890
Category: Law
Page: 398
View: 2758

Continue Reading →

This handbook is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both explicit and implicit - for the criminal process when interpreting and applying Codes of Criminal Procedure and comparable or related legislation. It does so through extracts from key rulings of the European Court of Human Rights and the former European Commission of Human Rights dealing with complaints about violations of Convention rights and freedoms in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process. The extracts are significant not only because the mere text of the Convention is insufficient to indicate the scope of what is entailed by it but also because the circumstances of the cases selected give a sense of how to apply the requirements in concrete situations.

Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime

Australasian, European and North American Perspectives
Author: Duncan Chappell,Saskia Hufnagel
Publisher: Routledge
ISBN: 1317160568
Category: Law
Page: 290
View: 5756

Continue Reading →

In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.

French Criminal Justice

A Comparative Account of the Investigation and Prosecution of Crime in France
Author: Jacqueline Hodgson
Publisher: Bloomsbury Publishing
ISBN: 1847310699
Category: Law
Page: 300
View: 5779

Continue Reading →

Basing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority. An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways. This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies.

International Criminal Investigations

Law and Practice
Author: Adejoké Babington-Ashaye,Akingbolahan Adeniran,Aimée Comrie
Publisher: N.A
ISBN: 9789462367791
Category: Criminal investigation (International law)
Page: 390
View: 9939

Continue Reading →

"A resource book on selected topics assessing more than twenty years of international criminal investigations, while addressing the practicalities and challenges of such investigations. It explores, from the perspective of expert practitioners, a thematic approach to important issues such as investigative strategies, planning and interview techniques for specific witnesses, financial investigations, while incorporating the personal experiences of those who have served as pioneers in this field"--Back cover.

Effective Criminal Defence in Europe


Author: N.A
Publisher: Intersentia Uitgevers N V
ISBN: N.A
Category: Law
Page: 657
View: 8270

Continue Reading →

Based on a three year research study, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitiorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. --

Prosecuting Human Rights Offences

Rethinking the Sword Function of Human Rights Law
Author: Kresimir Kamber
Publisher: BRILL
ISBN: 9004337768
Category: Law
Page: 600
View: 8544

Continue Reading →

In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.

The Handbook of Human Rights Investigation

A Comprehensive Guide to the Investigation and Documentation of Violent Human Rights Abuses
Author: Dermot Groome
Publisher: Createspace Independent Pub
ISBN: 9781456540074
Category: Law
Page: 364
View: 7878

Continue Reading →

Handbook of Human Rights Investigation, 374 pp.The Handbook of Human Rights Investigation is a comprehensive guide to the investigation and documentation of serious abuses of human rights and violations of international criminal law.Experts in the field have been uniform in their praise for the Handbook of Human Rights Investigation:“Professor Groome has put together an impressive and thoughtful compendium of best practice in the investigation of human rights and humanitarian law violations…I commend this book to all who are or will become engaged in this growing and important field.” Justice Richard J. Goldstone"The Handbook is a comprehensive guide for human rights investigators. It is practical, accessible and an invaluable tool for those committed to doing thorough documentation of human rights abuses." Salil Shetty – Secretary General, Amnesty International“This handbook will serve as an essential guide to human right investigators. In this updated volume, Dermot Groome, a highly experienced and regarded international criminal prosecutor, has brought together the practical knowledge necessary for investigating human rights abuses. Just as importantly he has placed this highly useful information in an understandable and clear legal and ethical framework. I am glad to highly recommend the Handbook; it should be by the side of all those involved in human rights investigations in the future." David Tolbert – President, International Center for Transitional Justice“One of the most acclaimed monitoring manuals….” Jonathan Horowitz, One World Research“Considered a cornerstone text by many leading human rights investigators and activists.” The Humanitarian Law Centre“The First Edition of Dermot Groome's Handbook of Human Rights Investigation established itself as an indispensable tool for the human rights investigator. The Second Edition surpasses it, and cements Dermot's reputation as an attorney/investigator who can clearly and concisely explain how to conduct these complex and difficult inquiries. The Handbook is an essential guide for human rights investigators worldwide.” John Ralston, Institute for International Criminal Investigations"Groome uses his extensive experience in investigating and prosecuting heinous crimes to provide a step-by-step guidebook to anyone investigating and documenting human rights abuses or violent crimes - a 'must have' for anyone interested in the field." Dr. Kelly Askin, Open Society Justice InitiativeThe Handbook of Human Rights Investigation is a comprehensive guide to best practices in the field of international criminal investigation and includes the following topics: an overview of the relevant law; an overview of the investigative process; the documentation and collection of physical evidence; the documentation and identification of physical injuries; interviewing witnesses; the identification of suspects and the writing of investigative reports.The Handbook has two appendices; Appendix A is a compilation of 20 commonly used investigation forms and Appendix B is a collection of important international instruments and protocols including model procedures for autopsies, investigations into massacres, torture and the disinterment of mass graves.

International Prosecution of Human Rights Crimes


Author: Wolfgang Kaleck,Michael Ratner,Tobias Singelnstein,Peter Weiss
Publisher: Springer Science & Business Media
ISBN: 3540462783
Category: Law
Page: 224
View: 9586

Continue Reading →

The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.

The Evolving Role of the Public Prosecutor

Challenges and Innovations
Author: Victoria Colvin,Philip Stenning
Publisher: Routledge
ISBN: 0429884958
Category: Social Science
Page: 282
View: 2982

Continue Reading →

The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.

Thematic Prosecution of International Sex Crimes


Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic Epublisher
ISBN: 9788293081319
Category: International crimes
Page: 452
View: 4553

Continue Reading →

By singling out the theme of recruitment and use of child soldiers in its first case, the Lubanga Trial Judgment of the International Criminal Court has legitimized the very idea of thematic prosecution at the international and national levels.... This is the first book to deal with the topic of thematic prosecution of core international crimes. Its focus is on international sex crimes. It is important to justify the singling out of a narrow range of criminality for prosecution, whether in internationalized or national criminal jurisdictions. Thematic prosecutions should be explained to the public. Absent proper justification, the thematic prosecution of core international crimes is likely to generate increasing controversy -- Dust jacket.

In Doubt

The Psychology of the Criminal Justice Process
Author: Dan Simon
Publisher: Harvard University Press
ISBN: 0674065115
Category: Law
Page: 420
View: 7834

Continue Reading →

Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.

Evidence for Hope

Making Human Rights Work in the 21st Century
Author: Kathryn Sikkink
Publisher: Princeton University Press
ISBN: 1400888530
Category: Political Science
Page: 336
View: 8313

Continue Reading →

A history of the successes of the human rights movement and a case for why human rights work Evidence for Hope makes the case that, yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. They point out that Guantánamo is still open, the Arab Spring protests have been crushed, and governments are cracking down on NGOs everywhere. But respected human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to pessimistic doubts about human rights laws and institutions. She demonstrates that change comes slowly and as the result of struggle, but in the long term, human rights movements have been vastly effective. Attacks on the human rights movement’s credibility are based on the faulty premise that human rights ideas emerged in North America and Europe and were imposed on developing southern nations. Starting in the 1940s, Latin American leaders and activists were actually early advocates for the international protection of human rights. Sikkink shows that activists and scholars disagree about the efficacy of human rights because they use different yardsticks to measure progress. Comparing the present to the past, she shows that genocide and violence against civilians have declined over time, while access to healthcare and education has increased dramatically. Cognitive and news biases contribute to pervasive cynicism, but Sikkink’s investigation into past and current trends indicates that human rights is not in its twilight. Instead, this is a period of vibrant activism that has made impressive improvements in human well-being. Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how these essential advances can be supported and sustained for decades to come.

The Routledge Handbook of White-Collar and Corporate Crime in Europe


Author: Judith van Erp,Wim Huisman,Gudrun Vande Walle
Publisher: Routledge
ISBN: 131793671X
Category: Social Science
Page: 580
View: 6699

Continue Reading →

The study of white-collar crime remains a central concern for criminologists around the world and research concentrates on its nature, prevalence, causes and responses. However, most books on white-collar crime tend to focus on Anglo-American examples, which is surprising given the amount of rich data and research taking place in mainland Europe. This new handbook seeks to reset the balance and, for the first time, presents an overview of state-of-the-art research on white-collar crime in Europe. Adding to the existing Anglo-American body of knowledge, the Handbook will discuss specific European topics and typical European features of white-collar crime. The Routledge Handbook of White-Collar and Corporate Crime in Europe consists of more than thirty chapters on topics ranging from the Icelandic Banking Crisis, to the origins of the study of white collar crime, to contemporary topics, such as white-collar crime in countries post-transition from communist regimes; the illegal e-waste trade and white-collar crime in professional football. Furthermore, the book contains extensive case study analyses of landmark European cases of white-collar crime. The editors have gathered together the leading voices in the field and a final section offers commentaries on white-collar crime in Europe from eminent criminologists David Friedrichs and Hazel Croall. This Handbook will thus serve as a work of reference for all scholars and students engaged in the study of corporate and white-collar crime and will also set out directions for new research in the future.

Convicting the Innocent


Author: Brandon Garrett
Publisher: Harvard University Press
ISBN: 0674060989
Category: Art
Page: 376
View: 4955

Continue Reading →

DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling analysis, Garrett examines what went wrong in the cases of the first 250 people exonerated by DNA testing, and proposes systemic reforms.

All the Missing Souls

A Personal History of the War Crimes Tribunals
Author: David Scheffer
Publisher: Princeton University Press
ISBN: 0691140154
Category: Biography & Autobiography
Page: 533
View: 4932

Continue Reading →

Recounts the author's experiences of setting up the International Criminal Court, including problems with achieving international cooperation for tribunals, war crimes victims, and challenges from the U.S. due to fears of soldiers facing prosecution.

Supranational Criminal Prosecution of Sexual Violence

The ICC and the Practice of the ICTY and the ICTR
Author: Anne-Marie de Brouwer
Publisher: Intersentia nv
ISBN: 9050955339
Category: Law
Page: 570
View: 2815

Continue Reading →

The 1996 report of the United Nations Special Rapporteur on Rwanda stated that during the 1994 genocide in Rwanda rape was the rule and its absence the exception. Indeed, rape and other forms of sexual violence as constituting genocide, crimes against humanity or war crimes, directed in particular against women, have taken place on a massive scale since time immemorial and are still rampant. This study assesses the supranational criminal prosecution of sexual violence, notably whether supranational criminal law and procedure are adequate from the perspective of victims of sexual violence. In addition, the legal consequences of the supranational criminal law system (sentencing and reparation) are examined with the situation of victims of sexual violence in mind. The adequacy of supranational criminal prosecution of sexual violence is primarily examined from the point of view of the ICC, the benchmark for supranational criminal prosecutions, with clear reference to the ICTY and ICTR practice in the filed of sexual violence prosecutions. the study concludes with some recommendations for a more comprehensive framework of supranational criminal prosecution of sexual violence.

Prosecuting Serious Human Rights Violations


Author: Anja Seibert-Fohr
Publisher: Oxford University Press
ISBN: 0199569320
Category: History
Page: 326
View: 7818

Continue Reading →

Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.

Crimes of Terror

The Legal and Political Implications of Federal Terrorism Prosecutions
Author: Wadie E. Said
Publisher: Oxford University Press, USA
ISBN: 0199969493
Category: Law
Page: 207
View: 3768

Continue Reading →

The U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on through to sentencing, the book documents the emergence of a "terrorist exceptionalism" to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying and use of informants rooted in the questionable "radicalization" theory; the material support statute--the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at the special sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.