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Author: Geert-Jan Knoops
Publisher: Martinus Nijhoff Publishers
Published: 2013-06-27
Total Pages: 245
ISBN-13: 9004255745
DOWNLOAD EBOOK →The author offers an extensive review of the mechanisms available in different (international) law-systems to prevent and redress miscarriages of justice, from the causes of miscarriages of justice to examining forensic reports.
Author: Geert-Jan Knoops
Publisher: BRILL
Published: 2021-08-30
Total Pages: 227
ISBN-13: 9004478361
DOWNLOAD EBOOK →Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.
Author: Geert-Jan Alexander Knoops
Publisher:
Published: 2006
Total Pages: 211
ISBN-13: 9789012115803
DOWNLOAD EBOOK →Author: Geert-Jan G. J. Knoops
Publisher: BRILL
Published: 2008
Total Pages: 373
ISBN-13: 1571051589
DOWNLOAD EBOOK →The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.
Author: Poyser, Sam
Publisher: Policy Press
Published: 2018-05-16
Total Pages: 176
ISBN-13: 1447327462
DOWNLOAD EBOOK →Miscarriages of justice occur far more frequently than we realise and have the power to ruin people’s lives. It is crucial for criminal justice practitioners to understand them, given significant developments in recent years in law and police codes of practice. This text, part of the Key themes in policing textbook series, is written by three highly experienced authors with expertise in the fields of criminal investigation, forensic psychology and law and provides an up-to-date and comprehensive analysis of miscarriages of justice. They highlight difficulties in defining miscarriages of justice, examine their dimensions, forms, scale and impact and explore key cases and their causes. Discussing informal and formal remedies against miscarriages of justice, such as campaigns and the role of the media and the Court of Appeal and the Criminal Cases Review Commission (CCRC), they highlight criticism of the activities and decision-making of the latter and examine changes to police investigation in this area. Designed to incorporate ‘evidence-based policing’, each chapter provides questions reflecting on the issues raised in the text and suggestions for further reading.
Author: Geert-Jan Knoops
Publisher: Martinus Nijhoff Publishers
Published: 2014-09-11
Total Pages: 378
ISBN-13: 904742901X
DOWNLOAD EBOOK →In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.
Author: Julie Fraser
Publisher: Edward Elgar Publishing
Published: 2020-10-30
Total Pages: 456
ISBN-13: 1839107308
DOWNLOAD EBOOK →This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Author: Wojciech Jasiński
Publisher: Taylor & Francis
Published: 2023-03-14
Total Pages: 222
ISBN-13: 1000859312
DOWNLOAD EBOOK →This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.
Author: Flora Sapio
Publisher: Cambridge University Press
Published: 2017-07-27
Total Pages: 411
ISBN-13: 1107190428
DOWNLOAD EBOOK →A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.
Author: Christopher Soler
Publisher: Springer Nature
Published: 2019-09-18
Total Pages: 695
ISBN-13: 9462653356
DOWNLOAD EBOOK →This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
