Between Criminalization and Protection

Between Criminalization and Protection
Title Between Criminalization and Protection PDF eBook
Author Vincenzo Militello
Publisher BRILL
Total Pages 88
Release 2019-08-26
Genre Law
ISBN 9004401725

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This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.

The Federalization of Criminal Law

The Federalization of Criminal Law
Title The Federalization of Criminal Law PDF eBook
Author American Bar Association. Task Force on the Federalization of Criminal Law
Publisher American Bar Association
Total Pages 290
Release 1998
Genre Law
ISBN

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Counter-Terrorism, Human Rights and the Rule of Law

Counter-Terrorism, Human Rights and the Rule of Law
Title Counter-Terrorism, Human Rights and the Rule of Law PDF eBook
Author Aniceto Masferrer
Publisher Edward Elgar Publishing
Total Pages 354
Release 2013-09-30
Genre Political Science
ISBN 178195447X

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ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Not a Crime to Be Poor

Not a Crime to Be Poor
Title Not a Crime to Be Poor PDF eBook
Author Peter Edelman
Publisher The New Press
Total Pages 223
Release 2019-07-02
Genre Political Science
ISBN 162097553X

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Awarded "Special Recognition" by the 2018 Robert F. Kennedy Book & Journalism Awards Finalist for the American Bar Association's 2018 Silver Gavel Book Award Named one of the "10 books to read after you've read Evicted" by the Milwaukee Journal Sentinel "Essential reading for anyone trying to understand the demands of social justice in America."—Bryan Stevenson, author of Just Mercy Winner of a special Robert F. Kennedy Book Award, the book that Evicted author Matthew Desmond calls "a powerful investigation into the ways the United States has addressed poverty . . . lucid and troubling" In one of the richest countries on Earth it has effectively become a crime to be poor. For example, in Ferguson, Missouri, the U.S. Department of Justice didn't just expose racially biased policing; it also exposed exorbitant fines and fees for minor crimes that mainly hit the city's poor, African American population, resulting in jail by the thousands. As Peter Edelman explains in Not a Crime to Be Poor, in fact Ferguson is everywhere: the debtors' prisons of the twenty-first century. The anti-tax revolution that began with the Reagan era led state and local governments, starved for revenues, to squeeze ordinary people, collect fines and fees to the tune of 10 million people who now owe $50 billion. Nor is the criminalization of poverty confined to money. Schoolchildren are sent to court for playground skirmishes that previously sent them to the principal's office. Women are evicted from their homes for calling the police too often to ask for protection from domestic violence. The homeless are arrested for sleeping in the park or urinating in public. A former aide to Robert F. Kennedy and senior official in the Clinton administration, Peter Edelman has devoted his life to understanding the causes of poverty. As Harvard Law professor Randall Kennedy has said, "No one has been more committed to struggles against impoverishment and its cruel consequences than Peter Edelman." And former New York Times columnist Bob Herbert writes, "If there is one essential book on the great tragedy of poverty and inequality in America, this is it."

The Criminalization of Incitement to Terrorism from an International Perspective

The Criminalization of Incitement to Terrorism from an International Perspective
Title The Criminalization of Incitement to Terrorism from an International Perspective PDF eBook
Author Ye Tao
Publisher Springer Nature
Total Pages 175
Release 2023-07-25
Genre Law
ISBN 3031343700

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This book critically analyzes the criminalization of incitement to terrorism under the fundamental principles of legality, necessity, and proportionality with the aim of striking a fair balance between security and liberty on this complicated issue. The criminalization of incitement to terrorism has gained momentum, but no exact or generally accepted definition of this offense exists at the international level. What’s more, given that the criminalization of incitement to terrorism results in restrictions on the exercise of citizens’ freedom of expression, there should be certain limitations on those criminal measures to avoid unnecessary or disproportionate infringement of this fundamental human right. Nevertheless, there has not been a precise standard by which to determine how to draw the line between anti-terrorism and the protection of freedom of expression. Hence, it could be concluded that the criminalization of incitement to terrorism concerns how to balance security and liberty, and the safeguarding principles of legality, necessity, and proportionality should be fully observed in considering this issue. This book studies definitions of “incitement”, “terrorism”, and “incitement to terrorism” under the relevant international and national legislation, and points out the existing absence, ambiguousness, or substantive divergence in defining actus reus and mens rea regarding incitement to terrorism. It carefully considers the current need for and essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality, and particularly focuses on how to balance the protection of freedom of expression with the criminalization of incitement to terrorism. In considering how to draw a line between the two, the book formulates precise requirements for objective and subjective elements of this offense in accordance with the principle of legality. Given its scope, it will be of interest not only to academics, human rights lawyers and practitioners, but also to policymakers, as it offers an extensive evaluation of the effects and counter-effects of existing criminal measures.

Beyond Virtue and Vice

Beyond Virtue and Vice
Title Beyond Virtue and Vice PDF eBook
Author Alice M. Miller
Publisher Pennsylvania Studies in Human
Total Pages 360
Release 2019
Genre Law
ISBN 0812251083

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Beyond Virtue and Vice examines human rights practices that bring crimninal law to bear on sexuality, gender, and reproduction and seek to articulate if, when, and under what conditions, recourse to criminal law is compatible with human rights in matters of gender expression and equality, sexuality, and reproductive health and justice.

Violent Crime Control and Law Enforcement Act of 1994

Violent Crime Control and Law Enforcement Act of 1994
Title Violent Crime Control and Law Enforcement Act of 1994 PDF eBook
Author United States
Publisher
Total Pages 356
Release 1994
Genre Criminal justice, Administration of
ISBN

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