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Universal human rights standards were adopted in 1948, but in the 1970s and 1980s, violent dictatorships in Argentina and Chile flagrantly defied the new protocols. Chilean general Augusto Pinochet and the Argentine military employed state terrorism in their quest to eradicate Marxism and other forms of “subversion.” Pinochet constructed an iron shield of impunity for himself and the military in Chile, while in Argentina, military pressure resulted in laws preventing prosecution for past human rights violations. When democracy was reestablished in both countries by 1990, justice for crimes against humanity seemed beyond reach. Thomas C. Wright examines how persistent advocacy by domestic and international human rights groups, evolving legal environments, unanticipated events that impacted public opinion, and eventual changes in military leadership led to a situation unique in the world—the stripping of impunity not only from a select number of commanders of the repression but from all those involved in state terrorism in Chile and Argentina. This has resulted in trials conducted by national courts, without United Nations or executive branch direction, in which hundreds of former repressors have been convicted and many more are indicted or undergoing trial. Impunity, Human Rights, and Democracy draws on extensive research, including interviews, to trace the erosion and collapse of the former repressors’ impunity—a triumph for human rights advocates that has begun to inspire authorities in other Latin American countries, including Peru, Uruguay, Brazil, and Guatemala, to investigate past human rights violations and prosecute their perpetrators.

Impunity --- Human rights --- Democracy

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Punishment. --- Peines --- Punishment --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution

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Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.0Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime.

Punishment. --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution

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"This book introduces a new conceptual framework for impunity within state crime theory and uses Turkish state criminality against Kurds between 1990 and 2000 as a case study. It develops an understanding of impunity that goes beyond viewing the state solely as an actor, facilitator or denier of crime. It argues for an expanded definition of state crime to encompass criminal acts and processes undertaken by states, including impunity. Building on field research, case analysis and interviews, this book digs deep into the mechanics of impunity and ways in which the Turkish state has evaded punishment for its criminal acts. In doing so, Framing Impunity in the Context of State Crime uncovers a close connection between the crimes of government and the impunity which allowed those crimes to flourish. It demonstrates that state violence and impunity are endemic in the structural design of the Turkish state and serve to further both the state goals of ethnic and religious assimilation and the subsequent persecution of those who refused to be assimilated into the new state construction. The book uses Stanley Cohen's work on states of denial techniques to examine how states justify their illegal acts in order to deny and/or to evade responsibility for their crimes. Cohen's work on denial at the organisational level is central to the question of impunity because, as a form of state crime, impunity involves various state institutions or actors representing the very state machinery deployed to conceal and deny state criminality. An accessible and compelling read, this book will appeal to law students, scholars, researchers, NGOs, and civil society organisations. It will have broader applicability beyond the case study of Turkey and will be valuable to academics and policymakers worldwide who focus on the intersection of state crime and impunity"--

State crimes --- Kurds --- Impunity --- History --- Crimes against --- Civil rights

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Corrections --- Punishment --- Penalties (Criminal law) --- Penology --- Impunity --- Retribution --- Correctional services --- Criminal justice, Administration of