Day Fines in Europe


Book Description

Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.




Day Fines in Europe


Book Description

Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.




European Prison Rules


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.




Day Fines in American Courts


Book Description




Money and the Governance of Punishment


Book Description

Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.




Human rights and criminal procedure


Book Description

A practical tool for legal professionals 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 This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.




Probation in Europe


Book Description




Human Rights and Taxation in Europe and the World


Book Description

Resumen del editor: "The increasing globalization and the restructuring of the European legal framework by the Treaty of Lisbon are important factors to suggest that the traditional separation of spheres between taxation and human rights should be revisited. This book examines the issues surrounding the impact of the Lisbon Treaty on the guarantee and enforcement of human rights in the area of EU (tax) law and explores the possible development and potential impact of human rights in the field of taxation in this age of global law."




Encyclopedia of White-Collar & Corporate Crime


Book Description

In a thorough reappraisal of the white-collar and corporate crime scene, this Second Edition builds on the first edition to complete the criminal narrative in an outstanding reference resource.




The Politics of Retribution in Europe


Book Description

The presentation of Europe's immediate historical past has quite dramatically changed. Conventional depictions of occupation and collaboration in World War II, of wartime resistance and post-war renewal, provided the familiar backdrop against which the chronicle of post-war Europe has mostly been told. Within these often ritualistic presentations, it was possible to conceal the fact that not only were the majority of people in Hitler's Europe not resistance fighters but millions actively co-operated with and many millions more rather easily accommodated to Nazi rule. Moreover, after the war, those who judged former collaborators were sometimes themselves former collaborators. Many people became innocent victims of retribution, while others--among them notorious war criminals--escaped punishment. Nonetheless, the process of retribution was not useless but rather a historically unique effort to purify the continent of the many sins Europeans had committed. This book sheds light on the collective amnesia that overtook European governments and peoples regarding their own responsibility for war crimes and crimes against humanity--an amnesia that has only recently begun to dissipate as a result of often painful searching across the continent. In inspiring essays, a group of internationally renowned scholars unravels the moral and political choices facing European governments in the war's aftermath: how to punish the guilty, how to decide who was guilty of what, how to convert often unspeakable and conflicted war experiences and memories into serviceable, even uplifting accounts of national history. In short, these scholars explore how the drama of the immediate past was (and was not) successfully "overcome." Through their comparative and transnational emphasis, they also illuminate the division between eastern and western Europe, locating its origins both in the war and in post-war domestic and international affairs. Here, as in their discussion of collaborators' trials, the authors lay bare the roots of the many unresolved and painful memories clouding present-day Europe. Contributors are Brad Abrams, Martin Conway, Sarah Farmer, Luc Huyse, László Karsai, Mark Mazower, and Peter Romijn, as well as the editors. Taken separately, their essays are significant contributions to the contemporary history of several European countries. Taken together, they represent an original and pathbreaking account of a formative moment in the shaping of Europe at the dawn of a new millennium.