[PDF] Detention And Its Alternatives Under International Law eBook

Detention And Its Alternatives Under International Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Detention And Its Alternatives Under International Law book. This book definitely worth reading, it is an incredibly well-written.

Detention and Its Alternatives Under International Law

Author : Lorna McGregor
Publisher :
Page : 0 pages
File Size : 10,28 MB
Release : 2023
Category : Detention of persons
ISBN : 9780191898587

GET BOOK

This text analyses the current state of international law on detention and its alternatives across national laws and policies. It identifies critiques stemming from the perception that international law prioritises procedural safeguards, leaving substantive legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped.

Detention and Its Alternatives Under International Law

Author : Lorna McGregor
Publisher : Oxford University Press
Page : 289 pages
File Size : 47,22 MB
Release : 2023-11-16
Category : Law
ISBN : 0198866232

GET BOOK

In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supporting decisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.

Preventive Detention

Author : Stanislaw J. Frankowski
Publisher : BRILL
Page : 318 pages
File Size : 31,89 MB
Release : 2022-05-09
Category : Law
ISBN : 9004478914

GET BOOK

Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.

Alternatives to Imprisonment in England and Wales, Germany and Turkey

Author : Öznur Sevdiren
Publisher : Springer Science & Business Media
Page : 295 pages
File Size : 24,31 MB
Release : 2011-02-24
Category : Law
ISBN : 3642173519

GET BOOK

The book focuses on one of the most problematic areas of Turkish penal justice: the overreliance on custodial measures and a corresponding growth in the prison population, and compares Turkey with two major European countries in this respect: England and Wales and Germany. The underlying question throughout the study is the extent to which prison alternatives can be seen as genuine alternatives to immediate custodial sentences.

Handbook of Basic Principles and Promising Practices on Alternatives to Imprisonment

Author : Dirk Van Zyl Smit
Publisher :
Page : 92 pages
File Size : 39,17 MB
Release : 2007
Category : Law
ISBN :

GET BOOK

Introduces the reader to the basic principles central to understanding alternatives to imprisonment as well as descriptions of promising practices implemented throughout the world. This handbook offers information about alternatives to imprisonment at various stages of the criminal justice process.

Taking Life Imprisonment Seriously

Author : Kenneth G. Zysk
Publisher : BRILL
Page : 252 pages
File Size : 34,32 MB
Release : 2002-04-01
Category : Law
ISBN : 9047403096

GET BOOK

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 subject life imprisonment to close scrutiny, lest its perceived suitability as an alternative to the death penalty be undermined. This book tackles the complexity of life imprisonment head on by describing how various forms of it are imposed and implemented in the United States of America, in England and Wales and in Germany, as well as in the emerging international system of criminal justice. From this basis it examines the justifications advanced for life imprisonment and the modifications that have resulted in individual jurisdictions in response to criticisms of its imposition and implementation. At the same time, the book develops a more general critique of life imprisonment. It evaluates it against constitutional human rights standards that have been developed in many jurisdictions to judge the acceptability of punishment generally. It concludes that some current practices in both the imposition and implementation of life imprisonment clearly are fundamentally unacceptable, but that questions remain, even about carefully implemented life sentences imposed for the most serious crimes. The jurisprudential analysis provides the basis for a major re-evaluation of life imprisonment and raises doubts about the unquestioning acceptance of this ultimate penalty.

The UN Working Group on Arbitrary Detention

Author : Jared Genser
Publisher : Cambridge University Press
Page : 655 pages
File Size : 15,99 MB
Release : 2019-09-26
Category : Law
ISBN : 1107034450

GET BOOK

This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 37,31 MB
Release : 2007
Category : Law
ISBN : 9781590318737

GET BOOK

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Pre-trial Detention in the Netherlands

Author : J. H. Crijns
Publisher :
Page : 0 pages
File Size : 39,92 MB
Release : 2016
Category : Detention of persons
ISBN : 9789462366879

GET BOOK

The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]

The Treatment of Prisoners Under International Law

Author : Nigel S. Rodley
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 28,51 MB
Release : 1987
Category : Human rights
ISBN : 9780198255635

GET BOOK

This book deals with a specialized area of international law relating to prisoners and some of the worst abuses they may be subjected to such as torture, enforced disappearance, capital and corporal punishment. It is mainly a study in international human rights law, but also draws extensivelyon international humanitarian law and international criminal law. This edition reflects the extensive legal and institutional developments that have taken place in the last twelve years.