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Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?
This volume consists of research papers written under editor Sienho Yee's supervision at the University of Colorado School of Law. The papers address interesting and difficult issues relating to substantive international crimes and the international regimes of punishment. Issues discussed include the Rome Statute and the crystallization of the norm proscribing statutes of limitations for serious international crimes; acts of terrorism as crimes against humanity under the Rome Statute; the balance between military necessity and civilian immunity; juvenile death penalty under international law; the practical applications of Ne Bis in Idem; and the possible federalization of the crime of torture. This volume is of great value to scholars and practitioners in international law and international relations, international criminal law, and to N.G.O. advocates.
"International crime and punishment has captivated (or recaptivated) our attention since the early 1990s. Both the substantive contents of international crimes and the ways and means of punishing them have given us a great deal of food for thought. The entry into force on July 1, 2002 of the Rome Statute of the International Criminal Court has spurred further soul searching on these issues. This collection presents some voices in this debate. The issues tackled herein are among the more difficult and the less-treated ones. They relate to the definition of aggression, mistake of law as a defense, the doctrine of command responsibility, and the International Committee of the Red Cross as a witness before international criminal tribunals. These are more or less unsettled issues, and they cry out for rigorous treatment." -- from the Preface, p. [v].
This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
This book presents the enduring debates and emerging challenges in crime and justice studies from an international and multi-disciplinary perspective.
From “an eye for an eye” to debates over capital punishment, humanity has a long and controversial relationship with doling out justice for criminal acts. Today, crime and punishment remain significant parts of our culture, but societies vary greatly on what is considered criminal and how it should be punished. In this global survey of crime and punishment throughout history, Mitchel P. Roth examines how and why we penalize certain activities, and he scrutinizes the effectiveness of such efforts in both punishing wrongdoers and bringing a sense of justice to victims. Drawing on anthropology, archaeology, folklore, and literature, Roth chronicles the global history of crime and punishment—from early civilizations to the outlawing of sex crimes and serial homicide to the development of organized crime and the threat today of global piracy. He explores the birth of the penitentiary and the practice of incarceration as well as the modern philosophy of rehabilitation, arguing that these are perhaps the most important advances in the effort to safeguard citizens from harm. Looking closely at the retributions societies have condoned, Roth also look at execution and its many forms, showing how stoning, hemlock, the firing squad, and lethal injection are considered either barbaric or justified across different cultures. Ultimately, he illustrates that despite advances in every level of human experience, there is remarkable continuity in what is considered a crime and the sanctions administered. Perfect for students, academics, and general readers alike, this interdisciplinary book provides a fascinating look at criminality and its consequences.
The Encyclopedia of Crime and Punishment provides the most comprehensive reference for a vast number of topics relevant to crime and punishment with a unique focus on the multi/interdisciplinary and international aspects of these topics and historical perspectives on crime and punishment around the world. Named as one of Choice's Outstanding Academic Titles of 2016 Comprising nearly 300 entries, this invaluable reference resource serves as the most up-to-date and wide-ranging resource on crime and punishment Offers a global perspective from an international team of leading scholars, including coverage of the strong and rapidly growing body of work on criminology in Europe, Asia, and other areas Acknowledges the overlap of criminology and criminal justice with a number of disciplines such as sociology, psychology, epidemiology, history, economics, and public health, and law Entry topics are organized around 12 core substantive areas: international aspects, multi/interdisciplinary aspects, crime types, corrections, policing, law and justice, research methods, criminological theory, correlates of crime, organizations and institutions (U.S.), victimology, and special populations Organized, authored and Edited by leading scholars, all of whom come to the project with exemplary track records and international standing 3 Volumes www.crimeandpunishmentencyclopedia.com
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Crime and Punishment in the Future Internet is an examination of the development and impact of digital frontier technologies (DFTs) such as Artificial Intelligence, the Internet of things, autonomous mobile robots, and blockchain on offending, crime control, the criminal justice system, and the discipline of criminology. It poses criminological, legal, ethical, and policy questions linked to such development and anticipates the impact of DFTs on crime and offending. It forestalls their wide-ranging consequences, including the proliferation of new types of vulnerability, policing and other mechanisms of social control, and the threat of pervasive and intrusive surveillance. Two key concerns lie at the heart of this volume. First, the book investigates the origins and development of emerging DFTs and their interactions with criminal behaviour, crime prevention, victimisation, and crime control. It also investigates the future advances and likely impact of such processes on a range of social actors: citizens, non-citizens, offenders, victims of crime, judiciary and law enforcement, media, NGOs. This book does not adopt technological determinism that suggests technology alone drives social development. Yet, while it is impossible to know where the emerging technologies are taking us, there is no doubt that DFTs will shape the way we engage with and experience criminal behaviour in the twenty-first century. As such, this book starts the conversation about a range of essential topics that this expansion brings to social sciences, and begins to decipher challenges we will be facing in the future. An accessible and compelling read, this book will appeal to those engaged with criminology, sociology, politics, policymaking, and all those interested in the impact of DFTs on the criminal justice system.