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A ‘Decision Science’ Perspective on the Old and New Sentencing Guidelines in England and Wales

Mandeep K Dhami.

in Sentencing Guidelines

July 2013; p ublished online September 2013 .

Chapter. Subjects: Criminal Law. 7694 words.

The field of decision science has shown that decision-making can be aided by guidance that overcomes constraints of the human mind, and simplifies and clarifies the decision task. Making...

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‘A Voice Within’: Power-Holders’ Perspectives On Authority And Legitimacy

Anthony Bottoms and Justice Tankebe.

in Legitimacy and Criminal Justice

November 2013; p ublished online January 2014 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 11959 words.

Legitimacy is now a well-established concept in the literature on criminal justice. However, the research so far completed has focused almost exclusively on what might be called audience...

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Abdicated Legacy

Florence Hartmann.

in The Milosevic Trial

January 2014; p ublished online January 2014 .

Chapter. Subjects: Public International Law; Criminal Law. 11124 words.

Since Miloševićs death, several new trials associated with his regime have begun at the ICTY. They involve principal members of Serbia's or the FRY's state apparatus engaged in the same JCE...

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Abnormal Law: Teratology as a Logic of Criminalization

M. R. McGuire.

in The Structures of the Criminal Law

December 2011; p ublished 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...

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Abolition

Harry Annison.

in Dangerous Politics

October 2015; p ublished online November 2015 .

Chapter. Subjects: Criminal Law. 8498 words.

This chapter considers the motivations and processes that led to the abolition of the IPP sentence, and discusses the approach taken by ministers to the Imprisonment for Public Protection...

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Abolition of the Insanity Defense

Christopher Slobogin.

in Criminal Law Conversations

November 2011; p ublished online April 2015 .

Chapter. Subjects: Criminal Law. 8619 words.

This chapter presents an authoritative case for the abolition of the insanity defense. It argues that, both morally and practically, the most appropriate manner of recognizing the...

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The Abu Ghraib Misdeeds

Roberta Arnold.

in Journal of International Criminal Justice

December 2004; p ublished online December 2004 .

Journal Article. Subjects: Criminal Law; International Law. 0 words.

Abuse of Process

Penney Lewis.

in Delayed Prosecution for Childhood Sexual Abuse

April 2006; p ublished 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...

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Abuse of Process and Judicial Stays of Criminal Proceedings

Andrew L-T Choo.

September 2008; p ublished 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...

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The Abuse of Process Doctrine and Criminal Justice

Andrew L-T Choo.

in Abuse of Process and Judicial Stays of Criminal Proceedings

September 2008; p ublished 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...

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Access to and Limits on Evidence Dossiers in Civil Law Systems

Michele Caianiello.

in The Oxford Handbook of Criminal Process

April 2019; p ublished online February 2019 .

Article. Subjects: Criminal Law. 12680 words.

This chapter examines issues surrounding the right of access to and limits on evidence dossiers in civil law systems. It first provides an overview of the general aims pursued by the law in...

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Access to Justice and Its Pitfalls

Francesco Francioni.

in Journal of International Criminal Justice

July 2016; p ublished online January 2016 .

Journal Article. Subjects: Criminal Law; International Law; International Criminal Law; International Humanitarian Law; Transnational Crime. 3313 words.

In spite of commendable efforts towards addressing the issue of reparation for victims of Nazi crimes during the Second World War, Judgment No. 238, which was handed down by the Italian...

Access to Recreation and Entertainment

Richard L. Lippke.

in Rethinking Imprisonment

January 2007; p ublished 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...

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Accessorial liability

Nicola Monaghan.

in Criminal Law Directions

March 2016; p ublished online September 2016 .

Chapter. Subjects: Criminal Law. 12999 words.

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help...

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Accessorial liability

Nicola Monaghan.

in Criminal Law Directions

February 2018; p ublished online September 2018 .

Chapter. Subjects: Criminal Law. 12096 words.

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help...

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Accommodating Vulnerable and Intimidated Witnesses

Louise Ellison.

in The Adversarial Process and the Vulnerable Witness

January 2002; p ublished 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...

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Accomplices

Nicola Padfield.

in Criminal Law

July 2016; p ublished online September 2016 .

Chapter. Subjects: Criminal Law. 10449 words.

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the...

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Accountability for Torture Abroad and the Limits of the Act of State Doctrine

Ben Batros and Philippa Webb.

in Journal of International Criminal Justice

September 2010; p ublished online August 2010 .

Journal Article. Subjects: Criminal Law; International 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...

Accounting for Unaccountability

Robert A. Ferguson.

in Metamorphosis

April 2018; p ublished online September 2018 .

Chapter. Subjects: Criminal Law. 5915 words.

This chapter discusses how much of what Western thought came to feel about the subject of punishment originates in Ovid's artistic treatment of the subject. Punishment, he realized, is more...

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Achievements and Problems of the International Criminal Court

René Blattmann and Kïrsten Bowman.

in Journal of International Criminal Justice

September 2008; p ublished online November 2008 .

Journal Article. Subjects: Criminal Law; International 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...