The Global Decline Of The Mandatory Death Penalty Constitutional Jurisprudence And Legislative Reform In Africa Asia And The Caribbean

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The Global Decline of the Mandatory Death Penalty Constitutional Jurisprudence and Legislative Reform in Africa, Asia, and the Caribbean

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Author by : Andrew Novak
Languange Used : English, France, Spanish, Italia and chinese
Page : 200
Isbn : 1317030273
Identifier : 9781317030270
Release : 2016-03-16
Publisher by : Routledge
Category : Political Science
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Description : Read Now The Global Decline Of The Mandatory Death Penalty by Andrew Novak and you can download with pub, pdf, txt, doc, and more file format with free account. historically, at english common law, the death penalty was mandatory for the crime of murder and other violent felonies. over the last three decades, however, many former british colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. applying a comparative analysis to the law of capital punishment, novak examines the constitutional jurisprudence and resulting legislative reform in the caribbean, sub-saharan africa, and south and southeast asia, focusing on the rapid retreat of the mandatory death penalty in the commonwealth over the last thirty years. the coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. this book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.

The Death Penalty A Worldwide Perspective

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Author by : Roger Hood
Languange Used : English, France, Spanish, Italia and chinese
Page : 597
Isbn : 019870173X
Identifier : 9780198701736
Release : 2015
Publisher by : Oxford University Press, USA
Category : Law
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Description : Read Now The Death Penalty by Roger Hood and you can download with pub, pdf, txt, doc, and more file format with free account. the fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. the majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. emphasizing the impact of international human rights principles and evidence of abuse, the authors examine how this has fueled challenges to the death penalty and they analyze and appraise the likely obstacles, political and cultural, to further abolition. they discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. they provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. this edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.

The Death Penalty in Africa: Foundations and Future Prospects

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Author by : A. Novak
Languange Used : English, France, Spanish, Italia and chinese
Page : 122
Isbn : 1137438770
Identifier : 9781137438775
Release : 2014-04-16
Publisher by : Springer
Category : Social Science
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Description : Read Now The Death Penalty In Africa Foundations And Future Prospects by A. Novak and you can download with pub, pdf, txt, doc, and more file format with free account. in recent years the death penalty has sharply declined across africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. this study explains capital punishment in africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.

The International Criminal Court An Introduction

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Author by : Andrew Novak
Languange Used : English, France, Spanish, Italia and chinese
Page : 116
Isbn : 3319158325
Identifier : 9783319158327
Release : 2015-03-11
Publisher by : Springer
Category : Social Science
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Description : Read Now The International Criminal Court by Andrew Novak and you can download with pub, pdf, txt, doc, and more file format with free account. this book is about the international criminal court (icc), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. the book explores the historical development of international criminal law and the formal legal structure created by the rome statute, against the background of the court’s search for objectivity in a political global environment. the book reviews the operations of the court in practice and the court’s position in the power politics of the international system. it discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

Comparative Executive Clemency The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective

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Author by : Andrew Novak
Languange Used : English, France, Spanish, Italia and chinese
Page : 204
Isbn : 131760265X
Identifier : 9781317602651
Release : 2015-08-20
Publisher by : Routledge
Category : Law
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Description : Read Now Comparative Executive Clemency by Andrew Novak and you can download with pub, pdf, txt, doc, and more file format with free account. virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. this facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. this book presents a comparative analysis of the clemency and pardon power in the common law world. andrew novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the united kingdom, united states, and commonwealth jurisdictions. he asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. the book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the commonwealth and the rise of the modern institution of parole. as a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

Spatializing Law An Anthropological Geography of Law in Society

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Author by : Professor Anne Griffiths
Languange Used : English, France, Spanish, Italia and chinese
Page : 240
Isbn : 140949652X
Identifier : 9781409496526
Release : 2013-02-28
Publisher by : Ashgate Publishing, Ltd.
Category : Law
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Description : Read Now Spatializing Law by Professor Anne Griffiths and you can download with pub, pdf, txt, doc, and more file format with free account. spatializing law: an anthropological geography of law in society focuses on law and its location, exploring how spaces are constructed on the terrestrial and marine surface of the earth with legal means in a rich variety of socio-political, legal and ecological settings. the contributors explore the interrelations between social spaces and physical space, highlighting the ways in which legal rules may localise people's rights and obligations in social space that may be mapped onto physical space. this volume also demonstrates how different notions of space and place become resources that can be mobilised in social, political and economic interaction, paying specific attention to the contradictory ways in which space may be configured and involved in social interaction under conditions of plural legal orders. spatializing law makes a significant contribution to the anthropological geography of law and will be useful to scholars across a broad array of disciplines.

Constitutionalism of the Global South The Activist Tribunals of India, South Africa, and Colombia

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Author by : Daniel Bonilla Maldonado
Languange Used : English, France, Spanish, Italia and chinese
Page : 233
Isbn : 1107067936
Identifier : 9781107067936
Release : 2013-04-18
Publisher by : Cambridge University Press
Category : Law
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Description : Read Now Constitutionalism Of The Global South by Daniel Bonilla Maldonado and you can download with pub, pdf, txt, doc, and more file format with free account. the indian supreme court, the south african constitutional court and the colombian constitutional court have been among the most important and creative courts in the global south. in asia, africa and latin america, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. the cases issued by these courts are creating a constitutionalism of the global south. this book addresses in a direct and detailed way the jurisprudence of these courts on three key topics: access to justice, cultural diversity and socioeconomic rights. this volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. it makes explicit that this discussion has interlocutors both in the global south and global north while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.

Corruption and the Secret of Law A Legal Anthropological Perspective

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Author by : Mr Gerhard Anders
Languange Used : English, France, Spanish, Italia and chinese
Page : 234
Isbn : 1409495965
Identifier : 9781409495963
Release : 2013-02-28
Publisher by : Ashgate Publishing, Ltd.
Category : Law
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Description : Read Now Corruption And The Secret Of Law by Mr Gerhard Anders and you can download with pub, pdf, txt, doc, and more file format with free account. this volume presents an anthropological perspective on the hidden continuities between corruption and law. the authors argue that the two opposites, corruption and law, are inextricably linked - with the possibility of the former already inscribed into the latter. taking a critical stance towards the normative good governance agenda spearheaded by institutions such as transparency international and the world bank, this volume argues that by uncritically depicting corruption as an absolute evil, these anti-corruption programs disregard the close relationship that exists between corruption and state power. addressing various aspects of a complex and ambivalent phenomenon, corruption and the secret of law draws on studies from different parts of the world including burundi, china, indonesia, italy, japan, mexico and the usa and provides a valuable resource for students, researchers and policy-makers working in this area.

The Ordeal My Ten Years in a Malaysian Prison

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Author by : Beatrice Saubin
Languange Used : English, France, Spanish, Italia and chinese
Page : 224
Isbn : 1628722193
Identifier : 9781628722192
Release : 2011-11-01
Publisher by : Simon and Schuster
Category : Biography & Autobiography
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Description : Read Now The Ordeal by Beatrice Saubin and you can download with pub, pdf, txt, doc, and more file format with free account. abandoned by her parents, brought up by her strict maternal grandmother in a small backwater town, young beatrice saubin always dreamed of visiting warm climates and exotic places. as a teenager she hitchhiked to india and later to afghanistan and thailand. in malaysia, at age nineteen, she fell in love with eddy tan kim soo, a handsome, wealthy chinese man. they planned to meet in europe and marry. but at the airport on her way home, her spanking new samsonite suitcase—a gift from eddy— was ripped apart by custom officials. beatrice was horrified to see that it contained several kilos of heroin. clearly she had been set up by eddy, who, it turned out, was a member of a powerful drug cartel. arrested, beatrice languished in prison for two years before she was tried. her sentence: death by hanging. on appeal, her sentence was reduced to life in prison. efforts on the part of her grandmother and an impassioned attorney managed to stir up public opinion, finally leading to beatrice’s release after ten years. but however terrible, these years were not lost. while in prison, her spirits were never broken: she taught herself malaysian and cantonese, and became a model prisoner and a leader as well as a medical supervisor, caring for her fellow inmates. the ordeal is her odyssey—always gripping, often terrifying, but ultimately a story of courage and inspiration.

Rules of Law and Laws of Ruling On the Governance of Law

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Author by : Prof Dr Julia Eckert
Languange Used : English, France, Spanish, Italia and chinese
Page : 302
Isbn : 1409496554
Identifier : 9781409496557
Release : 2013-02-28
Publisher by : Ashgate Publishing, Ltd.
Category : Law
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Description : Read Now Rules Of Law And Laws Of Ruling by Prof Dr Julia Eckert and you can download with pub, pdf, txt, doc, and more file format with free account. offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. the authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, rules of law and laws of ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Contemporary Criminal Law Concepts, Cases, and Controversies

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Author by : Matthew Lippman
Languange Used : English, France, Spanish, Italia and chinese
Page : 639
Isbn : 1412981298
Identifier : 9781412981293
Release : 2009-09-25
Publisher by : SAGE
Category : Law
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Description : Read Now Contemporary Criminal Law by Matthew Lippman and you can download with pub, pdf, txt, doc, and more file format with free account. this is a comprehensive, introductory criminal law textbook that expands upon traditional concepts and cases by coverage of the most contemporary topics and issues. contemporary material, including terrorism, computer crimes, and hate crimes, serves to illuminate the ever-evolving relationship between criminal law, society and the criminal justice system's role in balancing competing interests. the case method is used throughout the book as an effective and creative learning tool.features include:" vignettes, core concepts, 'cases and concepts', 'you decides, excerpts from state statutes, 'legal equations' and crime in the news boxes" fully developed end-of-chapter pedagogy includes review questions, legal terminology and 'criminal law on the web' resources" instructor resources (including powerpoint slides, a computerized testbank and classroom activities) and a student study site accompany this text

Death Penalty Cases Leading U.S. Supreme Court Cases on Capital Punishment

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Author by : Barry Latzer
Languange Used : English, France, Spanish, Italia and chinese
Page : 456
Isbn : 9780123820259
Identifier : 0123820251
Release : 2010-10-27
Publisher by : Elsevier
Category : Law
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Description : Read Now Death Penalty Cases by Barry Latzer and you can download with pub, pdf, txt, doc, and more file format with free account. death penalty cases presents significant verbatim excerpts of death-penalty decisions from the united states supreme court. the first chapter introduces the topics discussed throughout the book. it also includes a detailed history of the death penalty in the united states. after this introduction, the remaining eighteen chapters are divided into five parts: foundational cases, death-eligible crimes and persons, the death penalty trial, post-conviction review, and execution issues. the first part, consisting of five chapters, talks about the mandatory death penalty, mitigating evidence and racial bias. the next part covers death-eligible crimes, such as rape and other crimes that do not involve homicide and murder. the middle part presents the trial process, from choosing the appropriate decision-makers through the sentencing decision. followed by this is a chapter focusing on the aftermath of conviction, such as claims of innocence. the book concludes by exploring issues related to execution, such as not executing insane convicts. finally, execution methods are presented. provides the most recent case material--no need to supplement topical organization of cases provides a more logical organization for structuring a course co-authors with different perspectives on the death penalty assures complete impartiality of the material provides the necessary historical background, a clear explanation of the current capital case process, and an impartial description of the controversies surrounding the death penalty provides the latest statistics relevant to discussions on the death penalty clearly explains the different ways in which the states process death penalty cases, with excerpts of the most relevant statutes