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Taking Life Imprisonment Seriously
Life imprisonment is a complex and drastic penal sanction. It gives the State the power to curtail the liberty of offenders for the rest of their lives. In many jurisdictions life imprisonment is the ultimate sanction for the most serious crimes. It is frequently touted as an alternative to the death penalty. At the same time, life imprisonment is often imposed as a preventive measure, where the offence alone does not justify using the ultimate sanction in the penal arsenal. The complexity of life imprisonment is frequently overlooked. Often it is assumed that it is not as drastic as it sounds, as it will not be enforced for the whole life of the offender. There may also be a reluctance to s...
Beyond Scandinavian Exceptionalism
This book explores how prison life is normalized in different countries, with a critical and detailed look at ‘Scandinavian exceptionalism’ — the idea that Scandinavian prisons have exceptionally humane conditions — and compares these prisons to ones in Belgium. It provides a more nuanced, systematic and contextualized comparison of normalization in two countries. Through analyzing policy and legislative documents, participant observation and interviews, it seeks to understand how normalization is implemented differently in prison legislation, policies and practices and compares the two societies for context. It also considers the material prison environment, security, the social environment and the use of time in prison. It provides insights into how normalization can be successfully and holistically implemented in both policy and practice, to contribute to a more ‘pure’ form of liberty deprivation as punishment without too many unintended effects.
The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870
This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.
The Sparking Discipline of Criminology
In recent decades, the Australian social scientist John Braithwaite has played a crucial role in the development of international criminology. He is considered one of the most renowned criminologists of our time, and he has put his scientific engagement at the service of humanity and society by aiming at social justice, participatory democracy, sustainable development, and world peace. In this collection of essays well-known academics reflect on Braithwaite's work by addressing two leading questions: What are the implications of a republican theory of justice for criminology and criminal policy? And what is the role of academic criminology in today's social, political, and economic environment? The volume concludes with an extensive contribution from John Braithwaite himself in which he not only to the essays in the book but also addresses challenges to and future directions for academic criminology.
Regulating Corporate Criminal Liability
Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Electronic Monitoring
This book offers a systematic, sociological and penological exploration of the most up-to-date uses of electronic tagging (also known as electronic monitoring). With increasingly overcrowded prisons, electronic tagging has been proposed as an alternative form of punishment, and interest in this topic is growing throughout Europe. Current debates and research have often been limited to policy evaluation and effectiveness, whereas Electronic Monitoring examines the brand of punishment from a social-science perspective. This book explores the uses and history of electronic tagging, and draws upon the work of the Dutch criminologist Willem Nagel to reflect upon this form of punishment by examining its functions and dysfunctions. It speaks to those interested in criminal justice reform, surveillance, penology and penal innovation and probation.
The Future of EU Criminal Justice Policy and Practice
EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.
Crime, Criminal Law and Criminal Justice in Europe
This unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavi...
20 years of Criminology at the NICC
This book marks the 20th anniversary of the Department of Criminology of the National Institute of Criminalistics and Criminology (NICC). On the occasion of this anniversary, a series of research seminars were organised, during which NICC researchers, practitioners and international experts engaged in a dialogue on several key research themes. They discussed the future of the Department of Criminology and put the work of the NICC into perspective, both nationally and internationally. The results of these exchanges are bundled in this book.
Civilising Criminal Justice
Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a break-through in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterren...
