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.’
Theory of international criminal law -- Principles of liability and participation in international criminal law -- Defences in international criminal law -- State jurisdiction and immunities -- War crimes and grave breaches -- Crimes against humanity -- Genocide -- Offences against the person -- International criminal law of the sea -- Terrorism -- Transnational offences 1 -- Transnational offences 2 -- Extradition -- Abduction -- Mutual legal assistance -- Mutual legal assistance : national perspectives -- International police co-operation -- Evidence before the ad hoc tribunals -- Nuremberg, Tokyo and the birth of modern international criminal law -- The international tribunals for Yugoslavia and Rwanda -- The permanent international criminal court -- Internationalised domestic criminal tribunals
Introduction to American criminal law concepts -- Comparing tribal criminal law and American criminal law -- Using American criminal law to control American Indian Nations -- Traditional law today -- Introduction : what is criminal jurisdiction? -- Traditional criminal jurisdiction -- Limitations on tribal criminal jurisdiction imposed by the United States -- Exercising jurisdiction over crimes committed by non-Indians -- Criminal jurisdiction as defined by tribal courts -- Tribal criminal jurisdiction reform : the Tribal Law and Order Act and the Violence Against Women Act -- State and tribal court collaboration -- Overview of criminal laws : statutes and procedures -- The mental state -- A closer look at criminal elements -- Is helping a criminal act? Preliminary crimes and accomplice liability -- Criminal defenses -- The burden of proof -- Rights of criminal defenders -- The law of arrest -- Interrogations and confessions : the right to remain silent -- Search and seizure -- The Exclusionary Rule : remedies for civil rights violations --The right to an attorney/advocate -- Defendant rights at trial -- Victims' rights -- Sentencing : fines and incarceration -- Tribal restorative justice
Criminal prosecutions & trials are normal events in the life cycle of many protest efforts & often have important consequences for the struggle between social movements & their opponents. Even so, social movement & law & society scholars have neglected protest prosecutions & trials since some initial work twenty to thirty years ago. This article discusses the relevance of these legal events for issues in contemporary research & offers several hypotheses for future investigation. More generally, it argues that the study of the social control of social movements will benefit from addressing the criminal proceedings arising from political dissent. References. Adapted from the source document.
Includes bibliographical references (p. -364) and index ; This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening. A rudimentary legal culture has taken hold among Party leaders, cadres, judicial personnel, intellectuals and the general public. Nevertheless, the contradiction between legal order and Party supremacy remains, as demonstrated by the June Fourth incident in Beijing and the ensuing trials of the 1989 dissidents ; published_or_final_version ; Foreword ; Preface ; Introduction p1 ; Conclusion p323 ; Glossary p339 ; Bibliography p349 ; Index to Case Studies p365 ; Index p369 ; Pt. 1 Marxism in Deng's China p15 ; Pt. 2 Legal Reform and the Practice of Law: Case Studies in the Administration of Criminal Justice, 1979- 1989 p69 ; Pt. 3 Towards a Chinese Socialist System and a Chinese Theory of Law p245 ; Appendix 1: Structure of the Criminal Justice System of the People's Republic of China p329 ; Appendix 1: Law and Regulations of the People's Republic of China for Criminal Justice, 1949-1993 p331 ; Ch. 1 The Impact of Ideological Upheaval on the Legal System in China p17 ; Ch. 2 Deng Xiaoping's Ideas on Law p33 ; Ch. 3 Chinese Jurists' Perspectives on Law p43 ; Ch. 4 In the Wake of the Third Plenum: The Inception of Legal Reform p73 ; Ch. 5 The Prelude to Legal Order: The Inauguration of Criminal Justice, 1980-82 p87 ; Ch. 6 On the Threshold of Legality: 1983-85 p133 ; Ch. 7 Legal Reform in Progress: The Emergence of a Legal Society, 1986-89 p191 ; Ch. 8 Principles, Theory and Practice of Socialist Law in the First Decade of Legal Reform p247 ; Ch. 9 The 1989 Student Democratic Movement: A Legal Perspective p271 ; Ch. 10 Trials of Dissidents of the 1989 Democratic Movement: The Limits of Socialist Justice p297