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In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
The book shows how moral theory can challenge and improve international criminal law and how extreme cases can challenge and improve mainstream theory.
The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
DIVRetired from law, Ben Kincaid is forced to return to the bar when a case—and a corpse—fall in his lap/divDIV After years of struggling, Ben Kincaid shuts down his small legal office and decides to make a living doing something that—compared to practicing law in Tulsa—is easy money: playing jazz piano. He buys a minivan to haul his gear, and gets steady gigs playing in a combo at Uncle Earl’s Jazz Emporium. His new career is just starting to take off when a body falls from the Emporium ceiling, knocking the wind out of Kincaid and sending him right back to his old profession./divDIV /divDIVThe dead woman is Cajun Lily Campbell, a grand dame of the Tulsa music scene and onetime girlfriend of Uncle Earl himself. And Kincaid must be careful as he readies the old jazzman’s defense, because there is a killer on the north side of town who would like nothing more than to hear the piano player’s last tune./div
Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
Punishment policies and practices in the United States today are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices, mass incarceration, the world's highest imprisonment rate, extreme disparities, especially affecting members of racial and ethnic minority groups, high rates of wrongful conviction, assembly line case processing, and a general absence of respectful consideration of offenders' interests, circumstances, and needs. In Doing Justice, Preventing Crime, Michael Tonry lays normative and empirical foundations for building new, more just, and more effective systems of sentencing and punishment in the twenty-first century. The overriding goals are to treat people convicted of crimes justly, fairly, and even-handedly; to take sympathetic account of the circumstances of peoples' lives; and to punish no one more severely than he or she deserves. Drawing on philosophy and punishment theory, this book explains the structural changes needed to uphold the rule of law and its requirement that the human dignity of every person be respected. In clear and engaging prose, Michael Tonry surveys what is known about the deterrent, incapacitative, and rehabilitative effects of punishment, and explains what needs to be done to move from an ignoble present to a better future.
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Astonishingly Wrongful convictions that led to rethinking capital punishment Ever since DNA evidence started exonerating death row inmates, public concern about wrongful executions has been on the rise. It has been such a source of worry that some states have abolished the death penalty entirely. Although we want to believe that the criminal justice system designed to protect us is infallible, mistakes can be and are made. The ultimate tragedy is when an innocent person is executed for a crime that he or she didn't commit.Inside find three stories of wrongful executions in the UK, where justice was swift and limitless appeals were not supported. In one case the person was actually exonerated forty-six years after being hanged. Eliza Fenning and the Devilish Dumplings In March 1815, the entire household of Robert Turner, a London law stationer, was struck by a mysterious illness. When a search was made for its cause, a substance believed to be arsenic was found in the dish used to mix up yeast dumplings the family had eaten for dinner. Although she had fallen ill too, Eliza Fenning, the twenty-one-year-old maid who had prepared the dumplings, was charged with attempted murder and hanged. Her execution is still regarded as one of Britain's worst miscarriages of justice.The Messalina of IlfordEdith Thompson and her younger lover, Frederick Bywaters, were executed in January 1923 for the murder of Edith's husband. Although Mr. Bywaters confessed and insisted that Mrs. Thompson had nothing to do with the murder, she was held equally responsible for the crime because of some letters that expressed hostile intent toward her overbearing spouse. Her supporters believed that she had really been condemned for being an adulteress. There is currently a campaign in process to win her a posthumous royal pardon."Let Him Have It"On January 28, 1953, nineteen-year-old Derek Bentley was hanged at Wandsworth Prison for the murder of a Metropolitan Police constable. Bentley had not fired the fatal shot, but his sixteen-year-old accomplice was too young to receive the death penalty, so the mentally impaired Bentley went to the gallows instead. In 1998, thanks to four decades of vigorous campaigning by his family, he received a posthumous pardon. His execution was instrumental in the abolition of capital punishment in the UK.It is too late to save these victims of wrongful execution, but the time has come to accept that, regardless of our individual feelings about the death penalty, all future debates on the subject must proceed with the knowledge that innocent people have been put to death.Grab your copy today!