The Emerging Practice of the International Criminal Court
edited by Carsten Stahn and Göran Sluiter
KZ6311 .E364 2009
From the Publisher: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Court’s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
The Impact of Behavioral Sciences on Criminal Law
edited by Nita A. Farahany
K5028.5 .I47 2009
From the Publisher: New discoveries from neuroscience and behavioral genetics are besieging criminal law. Novel scientific perspectives on criminal behavior could transform the criminal justice system and yet are being introduced in an ad hoc and often ill-conceived manner. Bringing together experts across multiple disciplines, including geneticists, neuroscientists, philosophers, policymakers, and legal scholars, The Impact of Behavioral Sciences on Criminal Law is a comprehensive collection of essays that address the emerging science from behavioral genetics and neuroscience and its developing impact on the criminal justice system. The essays survey how the science is and will likely be used in criminal law and the policy and the ethical issues that arise from its use for criminal law and for society.
Richard G. Singer, John Q. La Fond
KF9219.85 .S54 2010
From the Publisher: Examples & Explanations: Criminal Law, draws on well-known cases that have not made the appellate courts or in some cases haven’t even gone to litigation. The fifth edition includes cutting edge examples and explanations based on prescription drug-induced sleepwalking, death caused by abuse of time-release pain-killing patches, and void-for-vagueness challenges to laws limiting where sex offenders can live or travel.
Among the attributes that make this study aid an excellent resource: [...]Unique, time-tested Examples & Explanations pedagogy —Combines textual material with well-written and comprehensive examples, explanations, and questions to test students’ comprehension of the materials and provide practice in applying information to fact patterns; recent Supreme Court cases on the insanity defense and the diminished capacity defense (such as Arizona v. Clark and Dixon v. United States); explanations include analysis of both prosecution and defense, which provides additional valuable exam-writing skills for students.
Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
edited by Bernadette McSherry, Alan Norrie and Simon Bronitt
K5015.4 .R44 2009
From the Publisher: The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising ‘new’ terrorist offences and other transnational forms of criminality. ‘Preventative’ detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating ‘deviant’ behaviour.
The Principle of Legality in International and Comparative Criminal Law
Kenneth S. Gallant
K5165 .G35 2009
From the Publisher: This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law – in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.
EU Criminal Law
KJE7975 .M58 2009
From the Publisher: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Crime and Culpability: A Theory of Criminal Law
Larry Alexander and Kimberly Kessler Ferzan
K5103 .A44 2009
From the Publisher: This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. [The authors] argue that desert is a function of the actor’s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor’s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors’ conceptualization is put into practice.