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Life Imprisonment
Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systemati...
Core Concepts in Criminal Law and Criminal Justice
Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.
Artificial Intelligence, Social Harms and Human Rights
This book critically explores how and to what extent artificial intelligence (AI) can infringe human rights and/or lead to socially harmful consequences and how to avoid these. The European Union has outlined how it will use big data, machine learning, and AI to tackle a number of inherently social problems, including poverty, climate change, social inequality and criminality. The contributors of this book argue that the developments in AI must take place in an appropriate legal and ethical framework and they make recommendations to ensure that harm and human rights violations are avoided. The book is split into two parts: the first addresses human rights violations and harms that may occur in relation to AI in different domains (e.g. border control, surveillance, facial recognition) and the second part offers recommendations to address these issues. It draws on interdisciplinary research and speaks to policy-makers and criminologists, sociologists, scholars in STS studies, security studies scholars and legal scholars.
Legal Certainty in a Contemporary Context
This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide t...
Strafzumessung
In September 2018 the criminal law section of the 72nd Deutscher Juristentag (DJT, “German Assembly of Jurists”) debated the question “Sentencing Guidelines vs. Free Judicial Discretion – Is German Sentencing Law in Need of Reform?” Despite the expert opinion provided by Johannes Kaspar and the accompanying scholarly commentaries, ensuing proposals for fundamental reform met with rejection. The comparative perspective was limited to the US Federal sentencing guidelines. The intention of this volume is therefore, on the one hand, to draw a more nuanced picture of Anglo-American sentencing law focusing on three legal systems (England/Wales, USA and Canada) accompanied by commentaries from a German perspective; on the other hand, we want to make the German perspective (better) known within the Anglo-American legal world by reproducing important DJT documents in English language. To ensure the widest possible distribution we opted for a bilingual open access publication.
Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe. As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
European Sourcebook of Crime and Criminal Justice Statistics – 2021
This is the sixth edition of a data collection initiative that started in 1993 under the umbrella of the Council of Europe and has been continued since 2000 by an international group of experts. These experts also act as regional coordinators of a network of national correspondents whose contribution has been decisive in collecting and validating data on a variety of subjects from 42 countries. The Sourcebook is composed of six chapters. The first five cover the current main types of national crime and criminal justice statistics – police, prosecution, conviction, prison, and probation statistics – for the years 2011 to 2016, providing detailed analysis for 2015. The sixth chapter covers national victimization surveys, providing rates for the main indicators every five years from 1990 to 2015. As with every new edition of the Sourcebook, the group has tried to improve data quality as well as comparability and, where appropriate, increase the scope of data collection. This new edition will continue to promote comparative research throughout Europe and make European experiences and data available worldwide.
Strategies of Compliance with the European Court of Human Rights
In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court...
Yearbook of the European Convention on Human Rights/Annuaire de la Convention Européenne Des Droits de L'Homme, Volume 55 (2012)
The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world's oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe's Committee of Ministers, responsible for supervising the application of the Court's judgments in the member states. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments broken do...
Jura not alone
Mit Recht wird Politik gemacht. Mit Gesetzen und Urteilen werden gesellschaftliche Hierarchien befestigt, werden Menschen beherrscht. Aber Recht ist zugleich auch ein Mittel zur Befreiung von Herrschaft, zur Emanzipation für Minderheiten, die sich damit gegenüber einer Mehrheit behaupten. Es ist ein Instrument, mit dem sich auch für Verbesserungen kämpfen lässt – wenn man weiß wie. Die Juraprofessorin Nora Markard und der Jurist und Journalist Ronen Steinke zeigen anhand von Beispielen aus zwölf zentralen Rechtsgebieten, wie Veränderungen mit den Mitteln des Rechts gemeinsam erkämpft werden können – vom Klimaschutz über die Geschlechterverhältnisse bis hin zu den Menschenrech...
