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Book
Preventive detention : asking the fundamental questions
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ISBN: 9781780681177 1780681178 Year: 2013 Publisher: Cambridge Intersentia

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Abstract

In any society some people pose a risk to others. For hundreds of years preventive detention has been authorised by governments to ensure people are available for criminal proceedings (e.g. remand), in the mental health area, for quarantine, for inebriates, enemy aliens, and sexual predators. The policy has also been famously employed more recently to control suspected terrorists. These regimes have proliferated in recent years, and this book asks and answers some of the fundamental questions about these regimes. What are their doctrinal foundations? Is there a risk in laws that blur the historic division between criminal and civil law, allowing civil law to be used for criminal law purposes but without the protection normally provided to criminal defendants? Are they effective in protecting people from harm? How do these regimes challenge fundamental principles, such as human rights? Are our laws and policies geared towards the rehabilitation of the detained? What are the remedies available to people who seek to challenge these regimes? Regimes that punish people who have not been convicted of a fresh crime or that contemplate the infliction of punishment upon breach of a ‘control order’ require careful scrutiny to avoid human rights abuse. This volume considers preventive detention in its many varying forms across Europe, the Americas and Australasia, interrogates the theoretical underpinnings of the regimes, and then critically analyses these regimes for consistency with international human rights. The volume brings together respected international experts to guide lawmakers, policymakers and academics in an increasingly significant area of penal and public policy.


Book
Justice as sanctuary : toward a new system of crime control.
Author:
ISBN: 0253311829 Year: 1994 Publisher: Bloomington Indiana university press

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Keywords

ADR (Dispute resolution) --- Administration of criminal justice --- Alternative dispute resolution --- Collaborative law --- Conflict resolution --- Conflicten (Recht) -- Regeling --- Conflits [Règlement de ] --- Criminal justice [Administration of ] --- Dispute processing --- Dispute resolution (Law) --- Dispute settlement --- Justice criminelle [Administration de la ] --- Litiges [Règlement de ] --- Mécanismes de règlements des conflits --- Peines dans la dissuasion criminelle --- Pratiques infrajudiciaires --- Punishment in crime deterrence --- Rechtsconflicten -- Regeling --- Regeling van conflicten (Recht) --- Règlement alternatif des conflits --- Règlement de conflits (Droit) --- Règlement de litiges --- Règlement des conflits --- Règlement des litiges --- Résolution de conflits (Droit) --- Slachtoffers van misdrijven --- Solution des conflits --- Straffen in de criminaliteitafschrikking --- Strafrechtspraak [Administratie van de ] --- Victimes de crimes --- Victims of crimes --- 343.9.001.5 --- Criminal justice, Administration of --- Crime victims --- Victimology --- Victims --- Crime deterrence, Punishment in --- Deterrence of crime through punishment --- Corrections --- Crime prevention --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Crime --- Criminal law --- Criminals --- Criminologisch onderzoek --- Law and legislation --- Criminal justice, Administration of. --- Punishment in crime deterrence. --- Victims of crimes. --- Dispute resolution (Law). --- 343.9.001.5 Criminologisch onderzoek --- Appropriate dispute resolution --- Criminologie --- Médiation --- Anomie --- Eunomie --- Philosophie de la peine

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