The growing inter-relatedness between EC and EU law with national criminal law can be well illustrated with the example of enforcement of EU law. Criminal law is one of the latest examples of increasing European integration within the perimeters of explicit competences of EU/EC law which additionally is driven ahead by what functionalist theories of European integration might refer to as a spill-over of approaches. Necessities of crossborder crime and criminal enforcement make cooperation necessary. The latter takes place to a certain degree on the basis of positive law established on the basis of the Treaties. It also takes place in the context of evolutionary development of what one might refer to as 'administrative networks.'
1 History, Principles and Institutions -- 2 Harmonisation and Competence -- 3 Mutual Recognition: Prosecution, Jurisdiction and Trust in an 'Area' of Freedom, Security and Justice -- 4 Bodies, Offices and Agencies -- 5 Databases: Reconfiguring the Relationship between Security and Privacy -- 6 The External Dimension -- Conclusion: Is Criminal Law a Special Case in the EU Legal Order?
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International crimes and universal jurisdiction / Win-chiat Lee State sovereignty as an obstacle to international criminal law / Kristen Hessler International criminal courts, the rule of law, and the prevention of harm : building justice in times of injustice / Leslie P. Francis and John G. Francis Criminalizing culture / Helen Stacy Identifying groups in genocide cases / Larry May Prosecuting corporations for international crimes : the role for domestic criminal law / Joanna Kyriakakis Post war environmental damage : a study in jus post bellum / Douglas Lackey On state self-defense and Guantanamo Bay / Steve Viner Politicizing human rights (using international law) / Anat Biletzki The justification of punishment in the international context / Deirdre Golash Political reconciliation and international criminal trials / Colleen Murphy
The field of legal assistance in criminal matters is deeply influenced by, and intertwined with, international law. However, legal assistance in criminal matters, which accordingly has been traditionally ruled by conventional tools of mutual legal assistance, is beginning to change: Heretofore, legal assistance in criminal matters has been rendered in compliance with basic principles which reflect the international law parity of the interacting States while being open to modifications by way of bilateral or multilateral treaties between individual States. Now, far-reaching changes seem to be well underway: The European Union is gaining ground as a global player, aiming to implement an "Area of Freedom, Security and Justice". In order to reach this ambitious goal, a most important trend in criminal policy from a European perspective is to extend the principle of mutual recognition, which originally stems from the common market, to the area of criminal law. Taking an international perspective it is a remarkable evolution to see the European Union as an (arguably) idiosyncratic entity to commit its individual members to the fulfillment of obligations towards other non-Member States which the Member States themselves have not chosen. While both new approaches may be deemed more easily applicable beyond the realms of criminal law matters, namely in a commercial context, they indeed appear to be big steps in the sensitive area of criminal law which has traditionally been the sole responsibility of the sovereign State itself. Therefore the ongoing developments are bound to have international law repercussions. The following essay deals with these new developments in the field of legal assistance in criminal matters from a combined international and European perspective. We will be focusing specifically on the principle of mutual recognition since its implementation provides a litmus test for the state of procedural rights in the area of legal assistance in criminal law as well as its application within a reference-system previously governed by international law ultimately will modify international law. After describing foundational principles of legal assistance in criminal matters the ground will be prepared for further considerations by having a look at exemplary present application difficulties of mutual recognition, delve into the perspective of a rather radical simplification of transnational evidence gathering by application of the principle of mutual recognition. To give a complete picture we will examine the Intercontinental dynamics of legal assistance which has been put into effect under the rule of the European Union. ; peerReviewed
Shipping list no.: 2010-0441-P. ; "October 2010"--Foreword. ; Cover title. ; Includes bibliographical references and index. ; Authority and jurisdiction of Federal land management agencies -- Conspiracy and parties -- Constitutional law -- Courtroom evidence -- Courtroom testimony -- Criminal law -- Electronic law and evidence -- Federal court procedures -- Fourth Amendment -- Government workplace searches -- Officer liability -- Searching and seizing computers -- Fifth and Sixth Amendments -- Use of force. ; Mode of access: Internet.
"A society's response to young offenders conveys important messages about its attitude to youth and has a significant implications for its futue. This book is intended to give an introduction to the laws governing young people who come into conflict with the law. It has a particular focus on Canada's Youth Criminal Justice Act." "While the primary focus of this book is on the legal issues that arise in the youth justice system, the book is premised on the belief that youth justice issues must be understood in a broader context. This book includes some discussion of constitutional, evidentiary, and procedural issues that are relevant to youth justice; it also explores some of the ethical and practical issues that confront lawyers and other professionals working in the youth justice system. The book considers the broader social and political context for issues of adolescent offending and youth justice."--BOOK JACKET
Decision rules and conduct rules : on acoustic separation in criminal law / Meir Dan-Cohen -- Empirical desert / Paul H. Robinson -- Defending preventive detention / Christopher Slobogin -- The economics of crime control / Doron Teichman -- The difficulties of deterrence as a distributive principle / Paul H. Robinson -- Why only the state may inflict criminal sanctions : the case against privately inflicted sanctions / Alon Harel -- Results don't matter / Larry Alexander and Kimberly Kessler Ferzan -- Post-modern meditations on punishment : on the limits of reason and the virtue of randomization / Bernard E. Harcourt -- Remorse, apology, and mercy / Jeffrie G. Murphy -- Interpretive construction in the substantive criminal law / Mark Kelman -- Criminalization and sharing wrongs / S.E. Marshall and R.A. Duff -- Monstrous offenders and the search for solidarity through modern punishment / Joseph E. Kennedy -- Against negligence liability / Larry Alexander and Kimberly Kessler Ferzan -- Rape law reform based on negotiation : beyond the no and yes models / Michelle J. Anderson -- Provocation : explaining and justifying the defense in partial excuse, loss of self-control terms / Joshua Dressler -- Objective verses subjective justification : a case study in function and form in constructing a system of criminal law theory / Paul H. Robinson -- Self-defense and the psychotic aggressor / George P. Fletcher and Luis E. Chiesa -- Self-defense against morally innocent threats / Jeff McMahan -- Self-defense, imminence, and the battered woman / Whitley R.P. Kaufman -- Reasonable provocation and self-defense : recognizing the distinction between act reasonableness and emotion reasonableness / Cynthia Lee -- Against control tests for criminal responsibility / Stephen J. Morse -- Abolition of the insanity defense / Christopher Slobogin -- Entrapment and the "free market" for crime / Louis Michael Seidman -- The political economy of criminal law and procedure : the pessimists' view / Richard H. McAdams -- Against jury nullification / Andrew D. Leipold -- Race-based jury nullification : black power in the criminal justice system / Paul Butler -- In support of restorative justice / Erik Luna -- The virtues of offense/offender distinctions / Douglas A. Berman -- The heart has its reasons : examining the strange persistence of the American death penalty / Susan A. Bandes -- Mercy's decline and administrative law's ascendance / Rachel E. Barkow -- Criminal law comes home / Jeannie Suk
Methodology for determining a uniform system of international criminal law defenses -- International criminal law defenses originating from customary international law -- International criminal law defenses originating from comparative criminal law -- The diverging position of criminal law defenses before the ICTY and ICC : contemporary developments -- Individual and institutional command responsibility and the international regulation of armed conflicts -- International criminal law defenses and the international regulation of armed conflicts -- Self-defense by states and individuals in the law of war -- Contemporary and new technical issues of international criminal law defenses -- A new concept of international due process
