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Preventive Deprivation of Liberty

Author: Tomasz Sroka

Publisher: Taylor & Francis

Published: 2024-08-12

Total Pages: 294

ISBN-13: 104011282X

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This book analyses and reconstructs the European Convention on Human Rights standard of application and execution of preventive deprivation of liberty. Acts of international law were drafted at a time when guarantees for the protection of the personal liberty of individuals were primarily associated with custodial sentences. However, the essence, nature, and purpose of preventive deprivation of liberty, which are fundamentally different from those of imprisonment, also require a different approach to the assessment of the minimum standard and guarantees for the protection of personal liberty and other rights and freedoms. This work determines the minimum guarantees for the protection of liberty and other rights and freedoms of a person in determining the legal basis and procedure for the application and execution of this measure. It presents guidelines on how the substantive prerequisites for preventive deprivation of liberty and the procedure for its application should be constructed in order to meet the European Convention on Human Rights standards. It also provides guidance on how the conditions and rules for preventive deprivation of liberty should be organised in order to protect individuals from inhuman or degrading treatment, or disproportionate restriction of their rights or freedoms. Finally, this work also discusses how the lawfulness of the imposition or continuation of a measure of preventive deprivation of liberty should be reviewed. This book will be of interest to academics, researchers, and policy‐makers working in the areas of Constitutional, Criminal, Medical, and Human Rights Law.

Book Synopsis Preventive Deprivation of Liberty by : Tomasz Sroka

Download or read book Preventive Deprivation of Liberty written by Tomasz Sroka and published by Taylor & Francis. This book was released on 2024-08-12 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses and reconstructs the European Convention on Human Rights standard of application and execution of preventive deprivation of liberty. Acts of international law were drafted at a time when guarantees for the protection of the personal liberty of individuals were primarily associated with custodial sentences. However, the essence, nature, and purpose of preventive deprivation of liberty, which are fundamentally different from those of imprisonment, also require a different approach to the assessment of the minimum standard and guarantees for the protection of personal liberty and other rights and freedoms. This work determines the minimum guarantees for the protection of liberty and other rights and freedoms of a person in determining the legal basis and procedure for the application and execution of this measure. It presents guidelines on how the substantive prerequisites for preventive deprivation of liberty and the procedure for its application should be constructed in order to meet the European Convention on Human Rights standards. It also provides guidance on how the conditions and rules for preventive deprivation of liberty should be organised in order to protect individuals from inhuman or degrading treatment, or disproportionate restriction of their rights or freedoms. Finally, this work also discusses how the lawfulness of the imposition or continuation of a measure of preventive deprivation of liberty should be reviewed. This book will be of interest to academics, researchers, and policy‐makers working in the areas of Constitutional, Criminal, Medical, and Human Rights Law.

Does Torture Prevention Work?

Author: Richard Carver

Publisher: Oxford University Press

Published: 2016

Total Pages: 688

ISBN-13: 1781383308

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In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

Book Synopsis Does Torture Prevention Work? by : Richard Carver

Download or read book Does Torture Prevention Work? written by Richard Carver and published by Oxford University Press. This book was released on 2016 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

Preventive Justice

Author: Andrew Ashworth

Publisher: OUP Oxford

Published: 2014-03-27

Total Pages: 327

ISBN-13: 0191021040

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This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Book Synopsis Preventive Justice by : Andrew Ashworth

Download or read book Preventive Justice written by Andrew Ashworth and published by OUP Oxford. This book was released on 2014-03-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Preventive Justice and the Power of Policy Transfer

Author: J. Ogg

Publisher: Springer

Published: 2015-05-25

Total Pages: 191

ISBN-13: 1137495022

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As policy-makers look first (and easily) for existing policy solutions which could be adapted from elsewhere, policy transfer becomes increasingly central to policy development. This book explores whether policy transfer in 'everyday' policy-making may be unintentionally creating a system of preventive justice.

Book Synopsis Preventive Justice and the Power of Policy Transfer by : J. Ogg

Download or read book Preventive Justice and the Power of Policy Transfer written by J. Ogg and published by Springer. This book was released on 2015-05-25 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: As policy-makers look first (and easily) for existing policy solutions which could be adapted from elsewhere, policy transfer becomes increasingly central to policy development. This book explores whether policy transfer in 'everyday' policy-making may be unintentionally creating a system of preventive justice.

Crime Prevention and Justice in 2030

Author: Helmut Kury

Publisher: Springer Nature

Published: 2021-01-29

Total Pages: 766

ISBN-13: 3030562271

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This book analyzes human rights and crime prevention challenges from the perspective of the 1948 Universal Declaration of Human Rights and the 2030 United Nations Sustainable Development Agenda, in particular its goal 16 on promoting peaceful, inclusive and just societies, the creation and development of which depend on the interplay between various secular and non-secular (f)actors. The book reflects on the implementation of these two legal instruments from a “back to the future” standpoint, that is, drawing on the wisdom of contributors to the 2030 Agenda from the past and present in order to offer a constructive inter-disciplinary and intergenerational approach. The book’s intended readership includes academics and educationists, criminal justice practitioners and experts, diplomats, spiritual leaders and non-governmental actors; its goal is to encourage them to pursue a socially and human rights oriented drive for “larger freedom,” which is currently jeopardized by adverse political currents.

Book Synopsis Crime Prevention and Justice in 2030 by : Helmut Kury

Download or read book Crime Prevention and Justice in 2030 written by Helmut Kury and published by Springer Nature. This book was released on 2021-01-29 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes human rights and crime prevention challenges from the perspective of the 1948 Universal Declaration of Human Rights and the 2030 United Nations Sustainable Development Agenda, in particular its goal 16 on promoting peaceful, inclusive and just societies, the creation and development of which depend on the interplay between various secular and non-secular (f)actors. The book reflects on the implementation of these two legal instruments from a “back to the future” standpoint, that is, drawing on the wisdom of contributors to the 2030 Agenda from the past and present in order to offer a constructive inter-disciplinary and intergenerational approach. The book’s intended readership includes academics and educationists, criminal justice practitioners and experts, diplomats, spiritual leaders and non-governmental actors; its goal is to encourage them to pursue a socially and human rights oriented drive for “larger freedom,” which is currently jeopardized by adverse political currents.

Yearbook of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment/Annuaire de la convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants

Author: Council of Europe/Conseil de l'Europe

Publisher: BRILL

Published: 2020-11-23

Total Pages: 2081

ISBN-13: 9004412743

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The Yearbook of the European Convention for the Prevention of Torture offers an essential annual overview of developments in relation to the ECPT. Part One contains information on ratifications and other such issues in the authentic English and French texts. Part Two has details in English and French of the membership and activities of the Convention. Part Three reprints the twenty fourth annual General Report of the ECPT, covering the period 1 August 2013 - 31 December 2014, in the official English and French texts. Part Four contains the ECPT's reports to States and the State responses thereto that were made public during the year in question. The ECPT's reports are published in the official English and/or French texts and State responses in the English and/or French versions submitted by the States concerned. Bilingual English and French; 3-volume set.

Book Synopsis Yearbook of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment/Annuaire de la convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants by : Council of Europe/Conseil de l'Europe

Download or read book Yearbook of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment/Annuaire de la convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants written by Council of Europe/Conseil de l'Europe and published by BRILL. This book was released on 2020-11-23 with total page 2081 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of the European Convention for the Prevention of Torture offers an essential annual overview of developments in relation to the ECPT. Part One contains information on ratifications and other such issues in the authentic English and French texts. Part Two has details in English and French of the membership and activities of the Convention. Part Three reprints the twenty fourth annual General Report of the ECPT, covering the period 1 August 2013 - 31 December 2014, in the official English and French texts. Part Four contains the ECPT's reports to States and the State responses thereto that were made public during the year in question. The ECPT's reports are published in the official English and/or French texts and State responses in the English and/or French versions submitted by the States concerned. Bilingual English and French; 3-volume set.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME III)

Author: Inter-American Commission on Human Rights

Publisher: BRILL

Published: 2023-12-11

Total Pages: 1089

ISBN-13: 9004537740

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The 2021 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-51185-9 Vol. 2 ISBN: 978-90-04-51187-3 Vol. 3 ISBN: 978-90-04-53773-6 Vol. 4 ISBN: 978-90-04-53775-0

Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME III) by : Inter-American Commission on Human Rights

Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 37 (2021) (VOLUME III) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2023-12-11 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2021 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-51185-9 Vol. 2 ISBN: 978-90-04-51187-3 Vol. 3 ISBN: 978-90-04-53773-6 Vol. 4 ISBN: 978-90-04-53775-0

Lebanon Criminal Laws, Regulations and Procvedures Handbook Volume 1 Strategic Information, Laws, Regulations

Author: IBP, Inc.

Publisher: Lulu.com

Published: 2018-01-28

Total Pages: 278

ISBN-13: 1514507382

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Lebanon Criminal Laws, Regulations and Procedures Handbook - Strategic Information, Regulations, Procedures

Book Synopsis Lebanon Criminal Laws, Regulations and Procvedures Handbook Volume 1 Strategic Information, Laws, Regulations by : IBP, Inc.

Download or read book Lebanon Criminal Laws, Regulations and Procvedures Handbook Volume 1 Strategic Information, Laws, Regulations written by IBP, Inc. and published by Lulu.com. This book was released on 2018-01-28 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lebanon Criminal Laws, Regulations and Procedures Handbook - Strategic Information, Regulations, Procedures

The Social Epistemology of Legal Trials

Author: Zachary Hoskins

Publisher: Routledge

Published: 2021-02-16

Total Pages: 178

ISBN-13: 1000345467

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This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required. The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts. The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.

Book Synopsis The Social Epistemology of Legal Trials by : Zachary Hoskins

Download or read book The Social Epistemology of Legal Trials written by Zachary Hoskins and published by Routledge. This book was released on 2021-02-16 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required. The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts. The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 22 (2006)

Author: Inter-American Commission on Human Rights

Publisher: BRILL

Published: 2022-10-24

Total Pages: 1539

ISBN-13: 9004530282

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Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 22 (2006) by : Inter-American Commission on Human Rights

Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 22 (2006) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 1539 pages. Available in PDF, EPUB and Kindle. Book excerpt: