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Criminal Law and Procedure

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0019
Subject:
Law, Comparative Law

This chapter discusses Japanese criminal law and procedure. Topics covered include the history of criminal law, basic rules of criminal law, special crimes in the Special Part of the Criminal Code ... More


The Codification of Criminal Procedure

J R Spencer

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0028
Subject:
Law, Criminal Law and Criminology

The fact that Scotland has a code of criminal procedure will come as a surprise not only to most English lawyers, most of whom know shamefully little about criminal law north of the Border, but ... More


The Possession Paradigm: The Special Part and the Police Power Model of the Criminal Process

Markus Dirk Dubber

in Defining Crimes: Essays on The Special Part of the Criminal Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199269228
eISBN:
9780191710100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269228.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter focuses on New York criminal law, with occasional references to the Model Penal Code to broaden the scope of the inquiry. It explains that studies in the special part of criminal law are ... More


Criminal Law

John Bell

in Principles of French Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199541393
eISBN:
9780191701221
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199541393.003.0008
Subject:
Law, Comparative Law

Criminal law is concerned with the responsibility of the individual to the state. The state undertakes a prosecution in the name of society against a deviant individual. In this light, criminal law ... More


A Criminal Code: Must We Wait for Ever? *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0021
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

This chapter calls for the enactment of a comprehensive, modern, and intelligible code of criminal law. Most countries in the world, including ... More


The Exploitation Principle: Preventing Wrongful Gain

Joel Feinberg

in The Moral Limits of the Criminal Law Volume 4: Harmless Wrongdoing

Published in print:
1990
Published Online:
November 2003
ISBN:
9780195064704
eISBN:
9780199833207
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195064704.003.0006
Subject:
Philosophy, Moral Philosophy

What role should the law play in preventing or punishing nongrievance or even free‐floating exploitation? According to the exploitative principle, which Feinberg regards as the last best hope for ... More


An Introduction to the Model Penal Code

Markus D. Dubber

Published in print:
2015
Published Online:
March 2015
ISBN:
9780190243043
eISBN:
9780190243081
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243043.001.0001
Subject:
Law, Criminal Law and Criminology

This second edition of this text retains the book’s original aim, approach, and structure as a companion to the Model Penal Code. Reflecting the Code’s attempt to present an accessible, ... More


Codification of the Criminal Law

Eric Clive

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0015
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the codification of the criminal law, specifically the draft criminal code for Scotland, which was developed over a number of years by a group of academics and published as a ... More


Rules of Conduct: Doctrines of Criminalization

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0012
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter examines the community's views on doctrines of criminalization, which answer the question: what conduct should be prohibited? A complete statement of law's prohibitions includes not just ... More


Australia

Stuart H. Deming

in Anti-Bribery Laws in Common Law Jurisdictions

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199737710
eISBN:
9780199363070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737710.003.0003
Subject:
Law, Private International Law, Comparative Law

Australia chose to implement the OECD Convention by amending its Criminal Code Act 1995 to codify the offense of bribing a foreign public official, to include relevant definitions, and to make the ... More


When Criminal Code Reform Does Not Lead to Atrocity Criminalization

Mark S. Berlin

in Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198850441
eISBN:
9780191885525
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850441.003.0006
Subject:
Political Science, International Relations and Politics

This chapter examines three negative cases—cases in which new criminal codes did not include atrocity offenses—to explore why the legal borrowing thesis does not hold in some otherwise favorable ... More


The Criminalization of Atrocities in Guatemala

Mark S. Berlin

in Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198850441
eISBN:
9780191885525
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850441.003.0005
Subject:
Political Science, International Relations and Politics

This chapter traces the process of a single case of atrocity criminalization—Guatemala in 1973—to further verify the causal mechanisms of the book’s technocratic legal borrowing thesis. It formulates ... More


Pilate’s Paramount Duty: Constitutional Reasonableness and the Restriction of Freedom of Expression and Assembly

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the particular relevance to South Asia of the disagreement between the ideas of two nineteenth-century thinkers—John Stuart Mill and James Fitzjames Stephen. While Mill ... More


Structuring the Criminal Code: Functional Approaches to Complicity, Incomplete Offences, and General Defences

P. R. Glazebrook

in Harm and Culpability

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260578
eISBN:
9780191682124
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260578.003.0017
Subject:
Law, Criminal Law and Criminology

The structure adopted by the United Kingdom's Law Commission for its 1989 draft Criminal Code for England and Wales in several key respects mimics rather too closely for either comfort or simplicity ... More


Pathways and Determinants of Atrocity Criminalization

Mark S. Berlin

in Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198850441
eISBN:
9780191885525
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850441.003.0004
Subject:
Political Science, International Relations and Politics

This chapter presents a new, comprehensive dataset on the global spread of atrocity laws. It uses time-series statistical analyses to systematically test the book’s theory of atrocity criminalization ... More


Explaining History: Shifting Views of Criminality

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0018
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter examines the doctrinal changes that occurred in the shift from the common law to modern criminal codes. The chapter is organized as follows. Section A describes a claim that the ... More


The Mental Element in Modern Criminal Law

Peter Ferguson QC

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0020
Subject:
Law, Criminal Law and Criminology

The principle of mens rea is directed at answering any individual legal system's question: who deserves punishment? It is chiefly that point which is considered in this chapter in light of, first, ... More


Explaining the Criminalization of Atrocities

Mark S. Berlin

in Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198850441
eISBN:
9780191885525
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850441.003.0002
Subject:
Political Science, International Relations and Politics

This chapter presents a theory explaining why states criminalize atrocity offenses in national law. It identifies and theorizes two different pathways to criminalization: targeted legislation and ... More


Criminal Law at the Crossroads: The Need for a Code

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0015
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter argues that systematic reform of the criminal law is necessary and overdue. Criminal law profoundly affects the relationship between the individual and the state; it therefore ought to ... More


“Naked Officials” and “Heavenly Net”: Changes in Criminal Justice, 1997–2018

Xiaoqun Xu

in Heaven Has Eyes: Law and Justice in Chinese History

Published in print:
2020
Published Online:
August 2020
ISBN:
9780190060046
eISBN:
9780190060077
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190060046.003.0011
Subject:
History, Asian History, Political History

Chapter 10 continues the survey of criminal justice in 1997–2018. It notes important changes in the Criminal Code and the Criminal Procedural Law, including the abolition of class struggle as the ... More


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