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Resisting Punitiveness in Europe?

Resisting Punitiveness in Europe? PDF Author: Sonja Snacken
Publisher: Routledge
ISBN: 1136656871
Category : Social Science
Languages : en
Pages : 344

Book Description
This volume provides an important and exciting contribution to the knowledge on punishment across Europe. Over the past decade, punitiveness has been studied through analyses of ‘increased’ or ‘new’ forms of punishment in western countries. Comparative studies on the other hand have illustrated important differences in levels of punitiveness between these countries and have tried to explain these differences by looking at risk and protective factors. Covering both quantitative and qualitative dimensions, this book focuses on mechanisms interacting with levels of punitiveness that seem to allow room for less punitive (political) choices, especially within a European context: social policies, human rights and a balanced approach to victim rights and public opinion in constitutional democracies. The book is split into three sections: Punishment and Welfare. Chapters look into possible lessons to be learned from characteristics and developments in Scandinavian and some Continental European countries. Punishment and Human Rights. Contributions analyze how human rights in Europe can and do act as a shield against – but sometimes also as a possible motor for – criminalization and penalization. Punishment and Democracy. The increased political attention to victims’ rights and interests and to public opinion surveys in European democracies is discussed as a possible risk for enhanced levels of punitiveness in penal policies and evaluated against the background of research evidence about the wishes and expectations of victims of crime and the ambivalence and ‘polycentric consistency’ of public opinion formations about crime and punishments. This book will be a valuable addition to the literature in this field and will be of interest to students, scholars and policy officials across Europe and elsewhere.

Resisting Punitiveness in Europe?

Resisting Punitiveness in Europe? PDF Author: Sonja Snacken
Publisher: Routledge
ISBN: 1136656871
Category : Social Science
Languages : en
Pages : 344

Book Description
This volume provides an important and exciting contribution to the knowledge on punishment across Europe. Over the past decade, punitiveness has been studied through analyses of ‘increased’ or ‘new’ forms of punishment in western countries. Comparative studies on the other hand have illustrated important differences in levels of punitiveness between these countries and have tried to explain these differences by looking at risk and protective factors. Covering both quantitative and qualitative dimensions, this book focuses on mechanisms interacting with levels of punitiveness that seem to allow room for less punitive (political) choices, especially within a European context: social policies, human rights and a balanced approach to victim rights and public opinion in constitutional democracies. The book is split into three sections: Punishment and Welfare. Chapters look into possible lessons to be learned from characteristics and developments in Scandinavian and some Continental European countries. Punishment and Human Rights. Contributions analyze how human rights in Europe can and do act as a shield against – but sometimes also as a possible motor for – criminalization and penalization. Punishment and Democracy. The increased political attention to victims’ rights and interests and to public opinion surveys in European democracies is discussed as a possible risk for enhanced levels of punitiveness in penal policies and evaluated against the background of research evidence about the wishes and expectations of victims of crime and the ambivalence and ‘polycentric consistency’ of public opinion formations about crime and punishments. This book will be a valuable addition to the literature in this field and will be of interest to students, scholars and policy officials across Europe and elsewhere.

European Prison Rules

European Prison Rules PDF Author: Council of Europe. Committee of Ministers
Publisher: Council of Europe
ISBN: 9287159823
Category : Law
Languages : en
Pages : 133

Book Description
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.

Legitimizing European Criminal Law

Legitimizing European Criminal Law PDF Author: Merita Kettunen
Publisher: Springer Nature
ISBN: 3030161749
Category : Law
Languages : en
Pages : 278

Book Description
The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.

The New Punitiveness

The New Punitiveness PDF Author: John Pratt
Publisher: Routledge
ISBN: 1134018622
Category : Social Science
Languages : en
Pages : 451

Book Description
Throughout much of the western world more and more people are being sent to prison, one of a number of changes inspired by a 'new punitiveness' in penal and political affairs. This book seeks to understand these developments, bringing together leading authorities in the field to provide a wide-ranging analysis of new penal trends, compare the development of differing patterns of punishment across different types of societies, and to provide a range of theoretical analyses and commentaries to help understand their significance. As well as increases in imprisonment this book is also concerned to address a number of other aspects of 'the new punitiveness': firstly, the return of a number of forms of punishment previously thought extinct or inappropriate, such as the return of shaming punishments and chain gangs (in parts of the USA); and secondly, the increasing public involvement in penal affairs and penal development, for example in relation to length of sentences and the California Three Strikes Law, and a growing accreditation of the rights of victims. The book will be essential reading for students seeking to understand trends and theories of punishment on law, criminology, penology and other courses.

European Penology?

European Penology? PDF Author: Tom Daems
Publisher: Bloomsbury Publishing
ISBN: 1782251294
Category : Law
Languages : en
Pages : 384

Book Description
Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights PDF Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

European Penology?

European Penology? PDF Author: Tom Daems
Publisher: Bloomsbury Publishing
ISBN: 1782251308
Category : Law
Languages : en
Pages : 396

Book Description
Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

Prisoner Resettlement in Europe

Prisoner Resettlement in Europe PDF Author: Frieder Dünkel
Publisher: Routledge
ISBN: 135176151X
Category : Social Science
Languages : en
Pages : 672

Book Description
Questions regarding how to improve the transitional phase from prison to life in society after release have gained major importance in the last decade in criminal policy. All over the world release preparation and resettlement practice are discussed with the aim to reduce negative effects of imprisonment and re-offending rates. Small and large reforms aiming at the improvement of release processes and reintegration strategies have taken place in many European states. This book describes the current European landscape of prisoner resettlement and brings together the results and ideas of leading European academic experts with the ambition of furthering national, European and international reform debates. This book presents national reports about resettlement processes and structures in 20 European countries: written by national scholars, these reports reveal important actors in resettlement processes as well as political decisions about the role of the communities in "taking the prisoners back", or the use of early release as a strategy to motivate the released prisoner to enter into a future without crime. Thematic chapters then concentrate on several aspects of prisoner resettlement that are of importance across borders: ethical, legal and practical challenges are discussed with a view on European developments, and theoretical frameworks of prisoner resettlement are used to develop comprehensive perspectives for future reform debates. The book serves as a fundamental source for researchers, politicians and practitioners in the field of prison and probation reform and practice. It is also useful in the field of social work, in so far that the analyses confirm that prisoner resettlement is not just a problem of criminal, but also of social justice. Sustainable reforms need the will of and good cooperation between all responsible actors and organizations from the justice, social, health and welfare sectors, as well as from society as a whole in the consent for taking released prisoners back.

Legitimacy and Compliance in Criminal Justice

Legitimacy and Compliance in Criminal Justice PDF Author: Adam Crawford
Publisher: Routledge
ISBN: 0415671558
Category : Law
Languages : en
Pages : 231

Book Description
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.

Monitoring Penal Policy in Europe

Monitoring Penal Policy in Europe PDF Author: Gaëtan Cliquennois
Publisher: Routledge
ISBN: 1134887132
Category : Social Science
Languages : en
Pages : 179

Book Description
The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.