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A Discussion paper from the BJS-Princeton Project.
We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.
The aim of this report is to assess the extent of transformation of criminal justice in Moldova almost two decades after independence, and to uncover to what extent the Moldovan criminal justice system still exhibits the characteristics of a repressive state. Criminal Justice Performance from a Human Rights Perspective seeks to determine to what extent the objectives of the criminal justice system are understood and embraced by the criminal justice officials, and to what extent democratic and human rights protections are complied with in practice. The report seeks to understand public attitudes in relation to the criminal justice system and what this means for further reform of the criminal justice system. It also makes recommendations towards the further transformation of the Moldovan criminal justice system.
The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.
The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
The United States incarcerates nearly one quarter of the world’s prison population with only five percent of its total inhabitants, in addition to a history of using internment camps and reservations. An overreliance on incarceration has emphasized long-standing and systemic racism in criminal justice systems and reveals a need to critically examine current processes in an effort to reform modern systems and provide the best practices for successfully responding to deviance. Global Perspectives on People, Process, and Practice in Criminal Justice is an essential scholarly reference that focuses on incarceration and imprisonment and reflects on the differences and alternatives to these policies in various parts of the world. Covering subjects from criminology and criminal justice to penology and prison studies, this book presents chapters that examine processes and responses to deviance in regions around the world including North America, Europe, the Middle East, and Asia. Uniquely, this book presents chapters that give a voice to those who are not always heard in debates about incarceration and justice such as those who have been incarcerated, family members of those incarcerated, and those who work within the walls of the prison system. Investigating significant topics that include carceral trauma, prisoner rights, recidivism, and desistance, this book is critical for academicians, researchers, policymakers, advocacy groups, students, government officials, criminologists, and other practitioners interested in criminal justice, penology, human rights, courts and law, victimology, and criminology.
This book draws attention to emerging issues around the rights of minorities, marginalized groups, and persons in Africa. It explores the gaps between human rights provisions and conditions, showing that although international human rights principles have been embraced in the continent, various minority groups and marginalized persons are denied such rights through criminalization and persecution. African countries have a good record of signing and ratifying international and regional rights instruments but the political will and capacity for enforcing these with respect to minorities remain weak. International contributors to the book provide new perspectives on the rights of marginalized and minority groups in different parts of Africa and the extent to which they are deprived or denied entitlement to the universality and equality articulated in law. The authors show that human rights, while having come of age as a moral ideal, has not been fully entrenched in practice towards groups such as children, indigenous populations, the mentally ill, persons with disabilities, and persons with albinism. This volume is geared toward scholars, students, human rights groups, policy makers, social workers, international organizations, and policy makers in the fields of criminology, security studies, development studies, political science, sociology, children studies, social psychology, international relations, postcolonial studies, and African Studies.
This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.