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.

Preventative Justice looks at the use of coercive preventive measures by the state, both within and beyond criminal law. Examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.

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.

Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University

The Yearbook of the European Convention for the Prevention of Torture offers an essential annual overview of developments in relation to the ECPT. This Yearbook consists of three parts (sold as three separate volumes). Part One contains information as to ratifications, etc, as at 31 December 2015 in the authentic English and French texts. Part Two contains the CPT’s reports to States and the State responses thereto that were made public during 2015. The CPT’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. Part Three reproduces the official English and French texts of the CPT Public Statement concerning Bulgaria as well as the CPT’s Checklist for visits to social care institutions where persons may be deprived of their liberty and the CPT’s standards on living space per prisoner in prison establishments. Bilingual English and French. This book is part of a three volume set. Each volume should be ordered separately: Vol 1 isbn 978-90-04-44682-3 Vol 2 isbn 978-90-04-44683-0 Vol 3 isbn 978-90-04-44684-7

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.

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.

Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.

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.

This work compiles experiences and lessons learned in meeting the unique needs of women and children regarding crime prevention and criminal justice, in particular the treatment and social reintegration of offenders and serves as a cross-disciplinary work for academic and policy-making analyses and follow-up in developing and developed countries. Furthermore, it argues for a more humane and effective approach to countering delinquency and crime among future generations. In a world where development positively depends on the rule of law and the related investment security, two global trends may chart the course of development: urbanization and education. Urbanization will globalize the concepts of “justice” and “fairness”; education will be dominated by the urban mindset and digital service economy, just as a culture of lawfulness will. This work looks at crime prevention education as an investment in the sustainable quality of life of succeeding generations, and at those who pursue such crime prevention as the providers of much-needed skills in the educational portfolio. Adopting a reformist approach, this work collects articles with findings and recommendations that may be relevant to domestic and international policymaking, including the United Nations Studies and their educational value for the welfare of coming generations. The books address the relevant United Nations ideas by combining them with academic approaches. Guided by the Editors’ respective fields of expertise, and in full recognition of academic freedom and “organized scepticism”, it includes contributions by lawyers, criminologists, sociologists and other eminent experts seeking to bridge the gap between academic and policy perspectives, as appropriate, against the international background, including the United Nations developments.​ The second volume opens with Part IV, which presents articles on different kinds of crime prevention. The effectiveness of punishment and, in particular, imprisonment is examined by contrasting it with alternative sanctions and the following questions are raised: Does harsh punishment have a crime preventive effect? What are the side effects of imprisonment on the offenders and their families? Are alternatives, such as restorative justice or mediation, more effective and cheaper? Part V outlines proactive strategies of crime prevention, e.g. for potential sex offenders or in the domain of internet crime. Part VI envisions a more peaceful and inclusive society, which would be realized by improving the protection of women and children in their everyday life, and easing the reintegration of those who have become offenders. The importance of the role played by the UN in formulating these goals is underlined. The volume concludes with an epilogue of the 70th President of the United Nations Economic and Social Council, Martin Sajdik, and a post scriptum of the editors. p>