Abnormal Law: Teratology as a Logic of Criminalization
in The Structures of the Criminal Law
December 2011; published online January 2012.
Chapter. Subjects: criminal law. 12455 words.
The idea that criminalization is predominantly motivated by rational responses to norm violations has been a familiar position within legal theory. This chapter considers one set of impulses of this...
The Abu Ghraib Misdeeds
in Journal of International Criminal Justice
December 2004; published online December 2004.
Journal Article. Subjects: international law; criminal law. 0 words.
Abuse of Process
in Delayed Prosecution for Childhood Sexual Abuse
April 2006; published online January 2009.
Chapter. Subjects: criminal law. 16457 words.
Courts in most common law jurisdictions have the power to stay criminal proceedings on the ground that the trial would be an abuse of the court's process. A stay on the grounds of abuse of process is...
Abuse of Process and Judicial Stays of Criminal Proceedings
September 2008; published online January 2009.
Book. Subjects: criminal law. 240 pages.
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the...
The Abuse of Process Doctrine and Criminal Justice
in Abuse of Process and Judicial Stays of Criminal Proceedings
September 2008; published online January 2009.
Chapter. Subjects: criminal law. 10665 words.
This chapter begins with a brief discussion of the primary aim of the book, which is to analyse the courts' power to stay criminal proceedings which are deemed as an ‘abuse of the process of the...
Access to Recreation and Entertainment
in Rethinking Imprisonment
January 2007; published online March 2012.
Chapter. Subjects: criminal law. 9832 words.
This chapter, by focusing on whether and to what extent prisoners should be provided access to recreation and entertainment, confronts further questions about just how difficult prison life should...
Accommodating Vulnerable and Intimidated Witnesses
in The Adversarial Process and the Vulnerable Witness
January 2002; published online March 2012.
Chapter. Subjects: criminal law. 17360 words.
This chapter examines recent studies which challenge the assumption in the formulation of the Youth Justice and Criminal Evidence Act (YJCEA) 1999 in Great Britain that the established regime was...
Accountability for Torture Abroad and the Limits of the Act of State Doctrine
in Journal of International Criminal Justice
September 2010; published online August 2010.
Journal Article. Subjects: international law; criminal law. 10343 words.
This article analyses the decision of the Federal Court of Australia that a claim brought by an Australian citizen against Australian government officials, who had allegedly aided and abetted his...
Achievements and Problems of the International Criminal Court
in Journal of International Criminal Justice
September 2008; published online November 2008.
Journal Article. Subjects: international law; criminal law. 8938 words.
In order to analyse both the achievements and the challenges faced by the International Criminal Court (ICC) it is important to recall the sui generis character of the Rome Statute, and to situate...
Acting, Trying, and Criminal Liability
in Action and Value in Criminal Law
December 1993; published online March 2012.
Chapter. Subjects: criminal law. 16792 words.
This chapter discusses the doctrine that all action consists essentially in trying, and the concept of action and its role in the criminal law. It argues that the actions of one who commits an...