Monitoring Penal Policy in Europe


Book Description

The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.




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.




Europe in Prisons


Book Description

This volume explores the role that European institutions have come to play in regulating national prisons systems. The authors introduce and contribute to advancing a new research agenda in international penology (‘Europe in prisons’) which complements the conventional comparative approach (‘prisons in Europe’). The chapters examine the impact – if any – that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe. With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy.




Effective Criminal Defence in Europe


Book Description

Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a




European Penology?


Book Description

Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.




European Drug Policies


Book Description

The drug control regime established by the international community has not succeeded in curbing either the demand for, or the offer of, narcotics. But, despite a series of developments in the Americas – including the legalisation of cannabis in Uruguay and in several states in the United States of America – there is still little support in Europe for repealing drug-prohibition laws. Nevertheless, a gradual policy convergence reveals the emergence of a European model favouring public-health strategies over a strictly penal approach to combatting drugs, while growing transnational support for legalisation indicates the persistence of an alternative paradigm for drug policy. This book examines the various influences on drug policies in Europe, as grassroots movements, NGO networks, private foundations and academic research centres increasingly confront the prevailing discourses of drug prohibition. Pursuing an interdisciplinary approach and bringing together legal scholars, social scientists and practitioners, it provides a comprehensive and critical assessment of drug policy reform in Europe.




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.




Crime and Justice, Volume 50


Book Description

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.




Handbook of European Criminal Procedure


Book Description

This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.




Electronically Monitored Punishment


Book Description

Electronic monitoring (EM) is a way of supervising offenders in the community whilst they are on bail, serving a community sentence or after release from prison. Various technologies can be used, including voice verification, GPS satellite tracking and – most commonly - the use of radio frequency to monitor house arrest. It originated in the USA in the 1980s and has spread to over 30 countries since then. This book explores the development of EM in a number of countries to give some indication of the diverse ways it has been utilized and of the complex politics which surrounds its use. A techno-utopian impulse underpins the origins of EM and has remained latent in its subsequent development elsewhere in the world, despite recognition that is it less capable of effecting penal transformations than its champions have hoped. This book devotes substantive chapters to the issues of privatisation, evaluation, offender perspectives and ethics. Whilst normatively more committed to the Swedish model, the book acknowledges that this may not represent the future of EM, whose untrammelled, commercially-driven development could have very alarming consequences for criminal justice. Both utopian and dystopian hopes have been invested in EM, but research on its impact is ambivalent and fragmented, and EM remains undertheorised, empirically and ethically. This book seeks to redress this by providing academics, policy audiences and practitioners with the intellectual resources to understand and address the challenges which EM poses.