Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a ...
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This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.Less
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.
Francis Wing-lin Lee
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9789888028801
- eISBN:
- 9789882207226
- Item type:
- book
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888028801.001.0001
- Subject:
- Society and Culture, Asian Studies
The younger generation—those under the age of 25—account for more than a quarter of Hong Kong's population. A much misunderstood group, these people have special characteristics and needs, and some ...
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The younger generation—those under the age of 25—account for more than a quarter of Hong Kong's population. A much misunderstood group, these people have special characteristics and needs, and some are particularly vulnerable. Substance abuse among young people is on the rise, and juveniles make up a third of total arrests every year. Extra effort and attention is required of policy-makers, educators, and social workers to help this group make a positive contribution to society. This book seeks to promote understanding of Hong Kong's younger generation and offers strategies for working with them and their families towards healthy and productive development. Divided into three parts—youth in general, youth-at-risk, and young offenders—the book draws on international literature and empirical studies from within Hong Kong. Its focus is on action, always stressing the practical question of how to build a new model for working effectively with them.Less
The younger generation—those under the age of 25—account for more than a quarter of Hong Kong's population. A much misunderstood group, these people have special characteristics and needs, and some are particularly vulnerable. Substance abuse among young people is on the rise, and juveniles make up a third of total arrests every year. Extra effort and attention is required of policy-makers, educators, and social workers to help this group make a positive contribution to society. This book seeks to promote understanding of Hong Kong's younger generation and offers strategies for working with them and their families towards healthy and productive development. Divided into three parts—youth in general, youth-at-risk, and young offenders—the book draws on international literature and empirical studies from within Hong Kong. Its focus is on action, always stressing the practical question of how to build a new model for working effectively with them.
Brice Dickson
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199571383
- eISBN:
- 9780191721854
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571383.003.0005
- Subject:
- Law, Human Rights and Immigration
This chapter examines the powers of arrest in Northern Ireland, showing how the European Court exercised a fairly ‘light touch’ control over army and police arrest powers under the emergency ...
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This chapter examines the powers of arrest in Northern Ireland, showing how the European Court exercised a fairly ‘light touch’ control over army and police arrest powers under the emergency legislation in force during the troubles. Beyond insisting, in Fox, Campbell and Hartley v United Kingdom, that arrests had to be grounded in reasonable suspicion, not just suspicion, the Court gave more or less carte blanche to arresting officers to act on whatever their superior officers told them to do, provided only that those superior officers were acting on what to them seemed reliable information.Less
This chapter examines the powers of arrest in Northern Ireland, showing how the European Court exercised a fairly ‘light touch’ control over army and police arrest powers under the emergency legislation in force during the troubles. Beyond insisting, in Fox, Campbell and Hartley v United Kingdom, that arrests had to be grounded in reasonable suspicion, not just suspicion, the Court gave more or less carte blanche to arresting officers to act on whatever their superior officers told them to do, provided only that those superior officers were acting on what to them seemed reliable information.
Rachel Kerr
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199263059
- eISBN:
- 9780191601422
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263051.003.0007
- Subject:
- Political Science, International Relations and Politics
This chapter examines the legal framework, politics, and logistics involved in the International Criminal Tribunal for the Former Yugoslavia’s apprehension of the accused. It considers custody ...
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This chapter examines the legal framework, politics, and logistics involved in the International Criminal Tribunal for the Former Yugoslavia’s apprehension of the accused. It considers custody obtained through arrests by national police authorities, detention by international forces, and voluntary surrenders. It discusses the political and judicial consequences of apprehending suspects.Less
This chapter examines the legal framework, politics, and logistics involved in the International Criminal Tribunal for the Former Yugoslavia’s apprehension of the accused. It considers custody obtained through arrests by national police authorities, detention by international forces, and voluntary surrenders. It discusses the political and judicial consequences of apprehending suspects.
Constanze Schulte
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199276721
- eISBN:
- 9780191707667
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199276721.001.0001
- Subject:
- Law, Public International Law
This book examines the compliance record of state parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a ...
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This book examines the compliance record of state parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgments and interim measures from the Court's creation in 1945 until the present day. ICJ judgments and provisional measures from the Corfu Channel case in the late 1940s to the Arrest Warrant Case decided in 2002 are examined, with particular focus on state practice. After explaining the legal basis for the obligation of compliance and the enforcement of ICJ decisions, the book analyses all decisions that gave rise to an obligation of compliance. The analysis is contextual, taking into account the history of the dispute, the underlying political interests, the parties' attitudes towards involvement of the ICJ, and the substance of the applicable law. This analysis reveals that the compliance record for judgments is generally satisfactory, whereas that for provisional measures is at first sight rather poor. Yet the record for provisional measures must be understood in a more nuanced light. In several cases, the applicant gained at least a certain benefit from the decision even though it was not (or was not fully) implemented. The book examines the reasons for the difference in the track records of judgments and provisional measures and explores mechanisms that could be conducive to enhanced compliance.Less
This book examines the compliance record of state parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgments and interim measures from the Court's creation in 1945 until the present day. ICJ judgments and provisional measures from the Corfu Channel case in the late 1940s to the Arrest Warrant Case decided in 2002 are examined, with particular focus on state practice. After explaining the legal basis for the obligation of compliance and the enforcement of ICJ decisions, the book analyses all decisions that gave rise to an obligation of compliance. The analysis is contextual, taking into account the history of the dispute, the underlying political interests, the parties' attitudes towards involvement of the ICJ, and the substance of the applicable law. This analysis reveals that the compliance record for judgments is generally satisfactory, whereas that for provisional measures is at first sight rather poor. Yet the record for provisional measures must be understood in a more nuanced light. In several cases, the applicant gained at least a certain benefit from the decision even though it was not (or was not fully) implemented. The book examines the reasons for the difference in the track records of judgments and provisional measures and explores mechanisms that could be conducive to enhanced compliance.
William L Randall and A. Elizabeth McKim
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780195306873
- eISBN:
- 9780199894062
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195306873.003.0006
- Subject:
- Psychology, Social Psychology, Developmental Psychology
This chapter argues that the changes which accompany later life are actually an impetus for narrative development. Whereas aging is typically associated with cognitive decline, research in ...
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This chapter argues that the changes which accompany later life are actually an impetus for narrative development. Whereas aging is typically associated with cognitive decline, research in neuroscience suggests that the aging brain continues to develop in response to learning. The consequence of being unaware of our potential for such development is narrative foreclosure, a form of “arrested aging” by which our identity becomes frozen in patterns of self-telling and self-reading that are laid down earlier in our lives. Thus, older adults can be just as challenged as adolescents by questions of identity. The identity statuses that characterize the latter, as identified by James Marcia, can also be applied to them. The chapter considers various factors behind narrative foreclosure — including gender, culture, and narrowing environments — and outlines ways in which engaging with our stories through expanding, examining, transforming, and ultimately transcending them can help offset it.Less
This chapter argues that the changes which accompany later life are actually an impetus for narrative development. Whereas aging is typically associated with cognitive decline, research in neuroscience suggests that the aging brain continues to develop in response to learning. The consequence of being unaware of our potential for such development is narrative foreclosure, a form of “arrested aging” by which our identity becomes frozen in patterns of self-telling and self-reading that are laid down earlier in our lives. Thus, older adults can be just as challenged as adolescents by questions of identity. The identity statuses that characterize the latter, as identified by James Marcia, can also be applied to them. The chapter considers various factors behind narrative foreclosure — including gender, culture, and narrowing environments — and outlines ways in which engaging with our stories through expanding, examining, transforming, and ultimately transcending them can help offset it.
Brice Dickson
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199571383
- eISBN:
- 9780191721854
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571383.003.0006
- Subject:
- Law, Human Rights and Immigration
Article 5 of the European Convention makes it clear that detention may occur even if no arrest ensues (as with powers to examine travellers at ports, or to stop and question people on the streets), ...
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Article 5 of the European Convention makes it clear that detention may occur even if no arrest ensues (as with powers to examine travellers at ports, or to stop and question people on the streets), but it does not explicitly say how long detention can lawfully continue, whether before or after an arrest has occurred. This chapter addresses two particular aspects of that issue. First, for what period can detention continue without the detainee having to appear before a judge? Second, for what period can detention continue after the person has appeared before a judge? This second question can be further subdivided, focusing initially on the maximum period that can be permitted to elapse before the detainee has to be charged with an offence or released, and then on the period that can be permitted to elapse after the detainee has been charged but before his or her substantive trial begins.Less
Article 5 of the European Convention makes it clear that detention may occur even if no arrest ensues (as with powers to examine travellers at ports, or to stop and question people on the streets), but it does not explicitly say how long detention can lawfully continue, whether before or after an arrest has occurred. This chapter addresses two particular aspects of that issue. First, for what period can detention continue without the detainee having to appear before a judge? Second, for what period can detention continue after the person has appeared before a judge? This second question can be further subdivided, focusing initially on the maximum period that can be permitted to elapse before the detainee has to be charged with an offence or released, and then on the period that can be permitted to elapse after the detainee has been charged but before his or her substantive trial begins.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0004
- Subject:
- Sociology, Law, Crime and Deviance
This chapter describes parole supervision (as distinguished from parole release) as it is practiced today. The major criticisms of parole release (e.g., unwarranted discretion and ineffectiveness) ...
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This chapter describes parole supervision (as distinguished from parole release) as it is practiced today. The major criticisms of parole release (e.g., unwarranted discretion and ineffectiveness) have been leveled at parole field supervision and have caused major changes and reforms there as well. Parole officers, historically committed to providing counseling and brokering community resources to assist parolees, have become more surveillance oriented. The public's tough-on-crime stance has demanded it, and the practical considerations of high parole caseloads combined with scarce resources have left parole officers with few alternatives. Drug testing, house arrest, and electronic monitoring are now common parole supervision techniques. Such techniques seldom contribute to rehabilitation; they just help identify the failures more quickly.Less
This chapter describes parole supervision (as distinguished from parole release) as it is practiced today. The major criticisms of parole release (e.g., unwarranted discretion and ineffectiveness) have been leveled at parole field supervision and have caused major changes and reforms there as well. Parole officers, historically committed to providing counseling and brokering community resources to assist parolees, have become more surveillance oriented. The public's tough-on-crime stance has demanded it, and the practical considerations of high parole caseloads combined with scarce resources have left parole officers with few alternatives. Drug testing, house arrest, and electronic monitoring are now common parole supervision techniques. Such techniques seldom contribute to rehabilitation; they just help identify the failures more quickly.
Alfred Denning
- Published in print:
- 1980
- Published Online:
- March 2012
- ISBN:
- 9780406176080
- eISBN:
- 9780191705113
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780406176080.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Two central themes run through this book. The first is the workings of the various ‘measures authorised by the law so as to keep the streams of justice pure’ — that is to say, contempt of court, ...
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Two central themes run through this book. The first is the workings of the various ‘measures authorised by the law so as to keep the streams of justice pure’ — that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.Less
Two central themes run through this book. The first is the workings of the various ‘measures authorised by the law so as to keep the streams of justice pure’ — that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.
Maria‐Zoe Petropoulou
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199218547
- eISBN:
- 9780191711503
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218547.003.0006
- Subject:
- Classical Studies, European History: BCE to 500CE
The chapter summarizes Christian attitudes toward animal sacrifice in the first two centuries AD, with regard to both Greek and Jewish religion, and with a clear distinction between the period before ...
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The chapter summarizes Christian attitudes toward animal sacrifice in the first two centuries AD, with regard to both Greek and Jewish religion, and with a clear distinction between the period before AD 70 and the period after AD 70. As regards the Christian teaching towards pagan addressees, the preaching against the offering of sacrifices mainly comes to the fore in the Apologetics of the 2nd century. Similarly, the Christian objection to Jewish animal sacrifice is explicitly expressed only in the 2nd century AD, but traces of it are found already in the 1st century. Second-century attestations show Christians abstaining from sacrifices, something which played a role in their being arrested or condemned by the pagan authorities. Special attention is also paid to the issue of sacrificial metaphors as a factor contributory to the alienation of worshipers from the practical aspects of animal sacrifice.Less
The chapter summarizes Christian attitudes toward animal sacrifice in the first two centuries AD, with regard to both Greek and Jewish religion, and with a clear distinction between the period before AD 70 and the period after AD 70. As regards the Christian teaching towards pagan addressees, the preaching against the offering of sacrifices mainly comes to the fore in the Apologetics of the 2nd century. Similarly, the Christian objection to Jewish animal sacrifice is explicitly expressed only in the 2nd century AD, but traces of it are found already in the 1st century. Second-century attestations show Christians abstaining from sacrifices, something which played a role in their being arrested or condemned by the pagan authorities. Special attention is also paid to the issue of sacrificial metaphors as a factor contributory to the alienation of worshipers from the practical aspects of animal sacrifice.
Carel P. van Schaik, Andrew J. Marshall, and Serge A. Wich
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199213276
- eISBN:
- 9780191707568
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213276.003.0024
- Subject:
- Biology, Animal Biology, Biodiversity / Conservation Biology
Extensive field data are available for three (out of four) Pongo taxa: the Sumatran P. abelii and the Bornean P. pygmaeus wurmbii of west and central Kalimantan and P. p. morio of east Kalimantan and ...
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Extensive field data are available for three (out of four) Pongo taxa: the Sumatran P. abelii and the Bornean P. pygmaeus wurmbii of west and central Kalimantan and P. p. morio of east Kalimantan and Sabah. The data show a strong west–east gradient in morphology, behavioral ecology, and life history. From west to east, relative jaw robusticity and tooth enamel thickness increase, the frequency of reliance on non-fruit fallback foods—in particular inner bark of trees—increases dramatically, female day journey length and home range size decreases, the frequency of fat mobilization (and probably deposition) increases (although this has not yet been measured in P. p. morio), brain size decreases, sensitivity to selective logging decreases, average density decreases, and interbirth interval decreases. Social organization shows a similar west–east gradient, with Sumatran orangutans exhibiting a greater degree of sociality by a number of measures, although variation within Borneo is less clear. On Borneo, there may be less developmental arrest, male long calls are slower and have fewer pulses per call, consortships tend to be shorter, and a higher proportion of matings are forced. Geographic variation in orangutan features is probably produced through a combination of plastic developmental responses, genetic differences and cultural processes. The chapter offers a new hypothesis for the adaptive significance of these differences, based on the observed reduction in mean level of fruit production and increased incidence of periods of extreme scarcity from west to east. We highlight important remaining questions.Less
Extensive field data are available for three (out of four) Pongo taxa: the Sumatran P. abelii and the Bornean P. pygmaeus wurmbii of west and central Kalimantan and P. p. morio of east Kalimantan and Sabah. The data show a strong west–east gradient in morphology, behavioral ecology, and life history. From west to east, relative jaw robusticity and tooth enamel thickness increase, the frequency of reliance on non-fruit fallback foods—in particular inner bark of trees—increases dramatically, female day journey length and home range size decreases, the frequency of fat mobilization (and probably deposition) increases (although this has not yet been measured in P. p. morio), brain size decreases, sensitivity to selective logging decreases, average density decreases, and interbirth interval decreases. Social organization shows a similar west–east gradient, with Sumatran orangutans exhibiting a greater degree of sociality by a number of measures, although variation within Borneo is less clear. On Borneo, there may be less developmental arrest, male long calls are slower and have fewer pulses per call, consortships tend to be shorter, and a higher proportion of matings are forced. Geographic variation in orangutan features is probably produced through a combination of plastic developmental responses, genetic differences and cultural processes. The chapter offers a new hypothesis for the adaptive significance of these differences, based on the observed reduction in mean level of fruit production and increased incidence of periods of extreme scarcity from west to east. We highlight important remaining questions.
Paul Maddrell
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199267507
- eISBN:
- 9780191708404
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267507.003.0006
- Subject:
- History, European Modern History
This chapter discusses that traditional espionage using human spies peaked in Germany in the years 1945-1961. It explains two goals in conducting espionage in East Germany: to provide warning of any ...
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This chapter discusses that traditional espionage using human spies peaked in Germany in the years 1945-1961. It explains two goals in conducting espionage in East Germany: to provide warning of any attack on Western Europe by the Soviet army, and to use the DDR's (Deutsche Demokratische Republik) connections with the Soviet Union to penetrate the latter. It also discusses the large programmes of arrests carried out by the Stasi of large numbers of Western spies and anti-Communist resistance fighters. It explains that despite losing many of its sources, the CIA claims that it achieved great success in Germany that resulted from the number of their spies and the depth of their penetration of East Germany's ministries, factories, political parties, armed forces, and Western services. It adds that the open border in Berlin allowed the Western secret services to fully exploit flight from the SED regime and resistance to it.Less
This chapter discusses that traditional espionage using human spies peaked in Germany in the years 1945-1961. It explains two goals in conducting espionage in East Germany: to provide warning of any attack on Western Europe by the Soviet army, and to use the DDR's (Deutsche Demokratische Republik) connections with the Soviet Union to penetrate the latter. It also discusses the large programmes of arrests carried out by the Stasi of large numbers of Western spies and anti-Communist resistance fighters. It explains that despite losing many of its sources, the CIA claims that it achieved great success in Germany that resulted from the number of their spies and the depth of their penetration of East Germany's ministries, factories, political parties, armed forces, and Western services. It adds that the open border in Berlin allowed the Western secret services to fully exploit flight from the SED regime and resistance to it.
MICHAEL WHEATLEY
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199273577
- eISBN:
- 9780191706165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199273577.003.0011
- Subject:
- History, British and Irish Modern History
Redmond's October 1915 description of Ireland being in ‘a profound state of peace’ was highly selective, mistaking apathy and a widespread withdrawal from public activity for contentment and ...
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Redmond's October 1915 description of Ireland being in ‘a profound state of peace’ was highly selective, mistaking apathy and a widespread withdrawal from public activity for contentment and stability. The majority of the population was unenthusiastic in its support for the war. The enormity of the war and the pressures created revived a litany of resentments and grievances. Press outbursts against unionists, plotters, ‘land sharks’, the government, ‘Ulster’ and, of course, England gained in pitch and frequency. ‘Sinn Feiners’ were a growing minority. Moreover, there was sympathy for those who went so far as to get arrested. It was Redmond's hope that the common experience of war would create a new unity of all creeds and classes, and secure Ireland's place as a self-governing nation within the empire. A great many nationalists were still followers of Redmond, but they were now anything but ‘right behind’ their leader.Less
Redmond's October 1915 description of Ireland being in ‘a profound state of peace’ was highly selective, mistaking apathy and a widespread withdrawal from public activity for contentment and stability. The majority of the population was unenthusiastic in its support for the war. The enormity of the war and the pressures created revived a litany of resentments and grievances. Press outbursts against unionists, plotters, ‘land sharks’, the government, ‘Ulster’ and, of course, England gained in pitch and frequency. ‘Sinn Feiners’ were a growing minority. Moreover, there was sympathy for those who went so far as to get arrested. It was Redmond's hope that the common experience of war would create a new unity of all creeds and classes, and secure Ireland's place as a self-governing nation within the empire. A great many nationalists were still followers of Redmond, but they were now anything but ‘right behind’ their leader.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.008
- Subject:
- Psychology, Forensic Psychology
The final chapter examines the positions of several prominent advocates of defendants’ rights who have come to believe that the Miranda warning procedure should be ignored because it is now ...
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The final chapter examines the positions of several prominent advocates of defendants’ rights who have come to believe that the Miranda warning procedure should be ignored because it is now ineffective. We recognize the reasons for these beliefs, but our position is that procedures are available which could reinstate reaching the goals of Miranda. Some of these have the purpose of reducing the number of false confessions; for example, requiring the presence of an attorney when defendants are informed of their rights, so that we can be assured that any waiver of rights reflected understanding of the choices. Other recommendations would be applied at the time of the trial; for example, requiring corroboration of nay details from the confession, allowing an expert to testify about the effects of coercion, and presenting a videotape of the entire interrogation.Less
The final chapter examines the positions of several prominent advocates of defendants’ rights who have come to believe that the Miranda warning procedure should be ignored because it is now ineffective. We recognize the reasons for these beliefs, but our position is that procedures are available which could reinstate reaching the goals of Miranda. Some of these have the purpose of reducing the number of false confessions; for example, requiring the presence of an attorney when defendants are informed of their rights, so that we can be assured that any waiver of rights reflected understanding of the choices. Other recommendations would be applied at the time of the trial; for example, requiring corroboration of nay details from the confession, allowing an expert to testify about the effects of coercion, and presenting a videotape of the entire interrogation.
Paul Maddrell
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199267507
- eISBN:
- 9780191708404
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267507.003.0010
- Subject:
- History, European Modern History
This chapter discusses the tactics imposed by the DDR and the USSR to close the border. It explains that Khrushchev stopped the flight of refugees and the subversive work of the Western secret ...
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This chapter discusses the tactics imposed by the DDR and the USSR to close the border. It explains that Khrushchev stopped the flight of refugees and the subversive work of the Western secret services. It narrates that the sectoral border in Berlin was closed using barbed wire. It discusses that the declaration of the Warsaw Pact states announcing the closure claimed that its purpose was to prevent ‘subversive activity’ against them. It narrates that Ulbricht told a summit of Warsaw Pact leaders that the migration of skilled workers to the west had caused grave economic difficulties. It explains that the closure of the wall had a profound impact on spying. It adds that as a solution, the West intensified their espionage. It also discusses that the MfS arrested many spies, but the West was able to recruit new ones.Less
This chapter discusses the tactics imposed by the DDR and the USSR to close the border. It explains that Khrushchev stopped the flight of refugees and the subversive work of the Western secret services. It narrates that the sectoral border in Berlin was closed using barbed wire. It discusses that the declaration of the Warsaw Pact states announcing the closure claimed that its purpose was to prevent ‘subversive activity’ against them. It narrates that Ulbricht told a summit of Warsaw Pact leaders that the migration of skilled workers to the west had caused grave economic difficulties. It explains that the closure of the wall had a profound impact on spying. It adds that as a solution, the West intensified their espionage. It also discusses that the MfS arrested many spies, but the West was able to recruit new ones.
Siân Reynolds
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199560424
- eISBN:
- 9780191741814
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199560424.003.0022
- Subject:
- History, European Early Modern History, Cultural History
The ministers cooperate over emergency measures, but invasion fears trigger the September massacres in Paris: impromptu trials and brutal executions of many prisoners, including clerics or common law ...
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The ministers cooperate over emergency measures, but invasion fears trigger the September massacres in Paris: impromptu trials and brutal executions of many prisoners, including clerics or common law offenders, suspected of a ‘prison plot’. The Paris Commune (municipality) of 10 August appears to approve the massacres, issuing arrest warrants (not pursued) for Roland and Brissot. Authorities, including Roland and Danton – who do not see eye to eye – fail to stop the killings, but Roland speaks out publicly on 3 September: the validity of accusations of his complicity or tolerance are discussed. These events underlie later conflict between the Paris Commune and the Interior minister. Roland, elected to the Convention for the Somme, chooses instead to stay at ministry: his reasons are discussed here and below. Invasion fears are quietened by the battle of Valmy.Less
The ministers cooperate over emergency measures, but invasion fears trigger the September massacres in Paris: impromptu trials and brutal executions of many prisoners, including clerics or common law offenders, suspected of a ‘prison plot’. The Paris Commune (municipality) of 10 August appears to approve the massacres, issuing arrest warrants (not pursued) for Roland and Brissot. Authorities, including Roland and Danton – who do not see eye to eye – fail to stop the killings, but Roland speaks out publicly on 3 September: the validity of accusations of his complicity or tolerance are discussed. These events underlie later conflict between the Paris Commune and the Interior minister. Roland, elected to the Convention for the Somme, chooses instead to stay at ministry: his reasons are discussed here and below. Invasion fears are quietened by the battle of Valmy.
Siân Reynolds
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199560424
- eISBN:
- 9780191741814
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199560424.003.0028
- Subject:
- History, European Early Modern History, Cultural History
The Rolands are among the few casualties of the unsuccessful journee of 31 May. With increasing conflict in the Convention, and growing Parisian militancy, calls are made for the proscription of the ...
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The Rolands are among the few casualties of the unsuccessful journee of 31 May. With increasing conflict in the Convention, and growing Parisian militancy, calls are made for the proscription of the Girondin deputies. The 31 May events are coordinated by relative outsiders: a hostile crowd surrounds the Convention, but disperses. An arrest warrant from the ‘revolutionary committee’ is delivered to Roland. He refuses to recognise it and his wife embarks on a doomed mission to petition the Convention. In confused circumstances, Roland escapes while his wife returns home. In the early hours, she is arrested herself and taken to the Abbaye prison – imagining that this is a mistake and that she will be released shortly.Less
The Rolands are among the few casualties of the unsuccessful journee of 31 May. With increasing conflict in the Convention, and growing Parisian militancy, calls are made for the proscription of the Girondin deputies. The 31 May events are coordinated by relative outsiders: a hostile crowd surrounds the Convention, but disperses. An arrest warrant from the ‘revolutionary committee’ is delivered to Roland. He refuses to recognise it and his wife embarks on a doomed mission to petition the Convention. In confused circumstances, Roland escapes while his wife returns home. In the early hours, she is arrested herself and taken to the Abbaye prison – imagining that this is a mistake and that she will be released shortly.
Franz Neumann
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691134130
- eISBN:
- 9781400846467
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691134130.003.0027
- Subject:
- History, Military History
This chapter discusses problems concerning the treatment of war criminals. The report explains that the United Nations have announced as one of their major war aims the prosecution and punishment of ...
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This chapter discusses problems concerning the treatment of war criminals. The report explains that the United Nations have announced as one of their major war aims the prosecution and punishment of war criminals. The Moscow “Statement on Atrocities,” following upon numerous official utterances of Allied leaders, has outlined certain procedures. The chapter considers additional steps that are deemed necessary to enable the Allied powers to implement the Moscow Statement and to coordinate their policy on war crimes and war criminals. For example, it is necessary to determine which of the manifold Axis policies and activities should be singled out as “war crimes.” Another issue that needs to be addressed concerns the arrest, detention, and extradition of war criminals.Less
This chapter discusses problems concerning the treatment of war criminals. The report explains that the United Nations have announced as one of their major war aims the prosecution and punishment of war criminals. The Moscow “Statement on Atrocities,” following upon numerous official utterances of Allied leaders, has outlined certain procedures. The chapter considers additional steps that are deemed necessary to enable the Allied powers to implement the Moscow Statement and to coordinate their policy on war crimes and war criminals. For example, it is necessary to determine which of the manifold Axis policies and activities should be singled out as “war crimes.” Another issue that needs to be addressed concerns the arrest, detention, and extradition of war criminals.
Clive Griffin
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780199280735
- eISBN:
- 9780191712920
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280735.003.0002
- Subject:
- History, European Early Modern History
Under duress, the French printing-workers Guillermo Herlin and Benito Dulcet denounced a large number of their colleagues. Herlin had worked in Geneva and the Low Countries as well as Spain, and had ...
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Under duress, the French printing-workers Guillermo Herlin and Benito Dulcet denounced a large number of their colleagues. Herlin had worked in Geneva and the Low Countries as well as Spain, and had come into contact with numerous fellow heretics in the printing industry; his denunciations also settled personal scores with some of them. The Inquisition acted upon his and an ever-wider skein of accusations, tracking down and arresting foreign workers in a series of Spanish towns: Alcalá de Henares, Salamanca, Toledo, Barcelona, etc. The zeal of the Toledo inquisitors, who spearheaded the smashing of the network of heretical printing-workers created friction with the secular and inquisitional authorities in other regions, especially Catalonia. The Toledo prison soon became overcrowded and caused serious problems for the Holy Office and its prisoners.Less
Under duress, the French printing-workers Guillermo Herlin and Benito Dulcet denounced a large number of their colleagues. Herlin had worked in Geneva and the Low Countries as well as Spain, and had come into contact with numerous fellow heretics in the printing industry; his denunciations also settled personal scores with some of them. The Inquisition acted upon his and an ever-wider skein of accusations, tracking down and arresting foreign workers in a series of Spanish towns: Alcalá de Henares, Salamanca, Toledo, Barcelona, etc. The zeal of the Toledo inquisitors, who spearheaded the smashing of the network of heretical printing-workers created friction with the secular and inquisitional authorities in other regions, especially Catalonia. The Toledo prison soon became overcrowded and caused serious problems for the Holy Office and its prisoners.
David Finkelhor
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195342857
- eISBN:
- 9780199863631
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342857.003.0008
- Subject:
- Social Work, Children and Families, Crime and Justice
This chapter proposes the idea for a de facto juvenile victim justice system, a complex set of agencies and institutions that responds to juvenile victims of crime and violence, including both child ...
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This chapter proposes the idea for a de facto juvenile victim justice system, a complex set of agencies and institutions that responds to juvenile victims of crime and violence, including both child maltreatment and conventional crime. It offers a schematic model of that system and tries to quantify the case flow through its various components. The model also highlights the activities of the system most likely to have consequential impacts on victims. It argues that more professionals are needed who understand the system in its entirety, not just their own agency role, and who can help guide victims, families, and other professionals through its complexities. More efforts are also needed to integrate and rationalize the system, particularly through information exchange among its components.Less
This chapter proposes the idea for a de facto juvenile victim justice system, a complex set of agencies and institutions that responds to juvenile victims of crime and violence, including both child maltreatment and conventional crime. It offers a schematic model of that system and tries to quantify the case flow through its various components. The model also highlights the activities of the system most likely to have consequential impacts on victims. It argues that more professionals are needed who understand the system in its entirety, not just their own agency role, and who can help guide victims, families, and other professionals through its complexities. More efforts are also needed to integrate and rationalize the system, particularly through information exchange among its components.
