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Strafzumessung

Author : Kai Ambos
Publisher : Göttingen University Press
Page : 386 pages
File Size : 13,79 MB
Release : 2020
Category :
ISBN : 3863954610

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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.

Treatise on International Criminal Law

Author : Kai Ambos
Publisher : Oxford University Press
Page : 449 pages
File Size : 44,93 MB
Release : 2022-06-16
Category : Law
ISBN : 0192648829

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International criminal law and justice is a flourishing field which has led, in recent years, to new international criminal tribunals and new mechanisms for investigation and holding criminals to account. These developments have, in turn, led to an increasing volume and greater consolidation of case law, and even more scholarly attention. The second edition of this volume of Kai Ambos' seminal treatise has been revised and rewritten in parts to provide coverage of recent developments in the 'Special Part' of international criminal law: namely, the specific crimes and sentencing. Amongst other updates, there are significant extensions of the discussion on sexual and gender-based crimes; the introduction of environmental crimes into international criminal law; further elaboration on the nexus requirement in war crimes and asymmetrical conflicts (e.g., ISIS); and reference to the newly introduced war crimes of the ICC Statute and of the peculiarities of cyber-attacks and other emerging activities. The volume complements Volume I of the treatise on issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice. Taken together with the other new editions of the three-volume series, this second edition provides an exhaustive guide to every aspect of international criminal law, from fundamental principles to procedures and implementation. Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law.

Sentencing and Sanctions in Western Countries

Author : Michael Tonry
Publisher : Oxford University Press
Page : 454 pages
File Size : 12,4 MB
Release : 2001-05-31
Category : Law
ISBN : 9780195350111

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This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. Contributors address plea-bargaining, community service, electronic monitoring, standards of use of incarceration, and legal perspectives on sentencing policy developments, among other topics. Sentencing and Sanctions in Western Countries provides a range of scholars and students excellent cross-national knowledge of sentencing laws and practices, when and why they have changed over time, and with what effects.

Why Punish Perpetrators of Mass Atrocities?

Author : Florian Jeßberger
Publisher : Cambridge University Press
Page : 411 pages
File Size : 34,55 MB
Release : 2020-02-20
Category : Law
ISBN : 1108475140

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Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.

Sentencing and Sanctions in Western Countries

Author : Michael Tonry Director of the Institute of Criminology University of Cambridge
Publisher : Oxford University Press, USA
Page : 454 pages
File Size : 17,59 MB
Release : 2001-03-12
Category : Law
ISBN : 0199774544

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This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. Contributors address plea-bargaining, community service, electronic monitoring, standards of use of incarceration, and legal perspectives on sentencing policy developments, among other topics. Sentencing and Sanctions in Western Countries provides a range of scholars and students excellent cross-national knowledge of sentencing laws and practices, when and why they have changed over time, and with what effects.

Sentencing and Human Rights

Author : Sarah Summers
Publisher : Oxford University Press
Page : 305 pages
File Size : 14,65 MB
Release : 2022-11-04
Category :
ISBN : 0192870386

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.

Gedächtnisschrift für Hilde Kaufmann

Author : Hilde Kaufmann
Publisher : Walter de Gruyter
Page : 1020 pages
File Size : 13,15 MB
Release : 1986
Category : Law
ISBN : 9783110104639

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Keine ausführliche Beschreibung für "Gedächtnisschrift für Hilde Kaufmann" verfügbar.

The Council of Europe

Author : Stefanie Schmahl
Publisher : Oxford University Press
Page : 1110 pages
File Size : 15,36 MB
Release : 2017-03-16
Category : Law
ISBN : 0191653144

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The Council of Europe, of which all European States are members, plays a pivotal role in the promotion and protection of human rights, democracy, and the rule of law in Europe. Bringing together specialist scholars and practitioners, The Council of Europe: Its Laws and Policies offers profound insights into the functioning of the organization. The organization's primary and secondary law, its institutional structure, and its far-reaching fields of activities are comprehensively and systematically analysed. This volume investigates the impact of the Council's activities within the national legal systems of the Member States and the dense web of relationships between the Council of Europe and other international organisations. An important reference work on one of the most influential organizations in Europe, the book concludes that the Council of Europe has played a considerable role in the constitutionalization process of regional public international law.

Criminal Behavior and the Justice System

Author : Hermann Wegener
Publisher : Springer Science & Business Media
Page : 466 pages
File Size : 32,45 MB
Release : 2012-12-06
Category : Psychology
ISBN : 3642860176

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Readers of this book can gain novel insight into the various theoretical perspectives of psychology and law. It is demonstrated that psychology is not simply an applied discipline in the legal area, but that it contains its own concepts and paradigms for basic research. Legal psychology proves to be an independent, interdisciplinary part of psychology. The contributions represent the experience of different nationalities and judicial systems; emphasis is placed throughout on criminal law. Topics considered include: prediction and explanation of criminal behavior; legal thought, attribution, and sentencing; eyewitness testimony; and correctional treatment with clinical and organizational aspects.