W.A. Bogart
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195379877
- eISBN:
- 9780199869060
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195379877.003.0004
- Subject:
- Law, Legal Profession and Ethics
This chapter begins with an overview of consumption and its centrality in postindustrial nations, particularly the United States. It then turns to how excessive consumption is marketed to unwary ...
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This chapter begins with an overview of consumption and its centrality in postindustrial nations, particularly the United States. It then turns to how excessive consumption is marketed to unwary individuals. The next section looks generally at legal interventions regarding excessive consumption. An overarching theme emerges: permit but discourage. Finally, the chapter focuses on recreational drugs. Here, the heaviest machinery of the law—criminal sanctions—is routinely invoked and has been for decades. It shows that criminal sanctions are especially employed in America with significant consequences for rates of incarceration and, particularly, negative impacts on the black community.Less
This chapter begins with an overview of consumption and its centrality in postindustrial nations, particularly the United States. It then turns to how excessive consumption is marketed to unwary individuals. The next section looks generally at legal interventions regarding excessive consumption. An overarching theme emerges: permit but discourage. Finally, the chapter focuses on recreational drugs. Here, the heaviest machinery of the law—criminal sanctions—is routinely invoked and has been for decades. It shows that criminal sanctions are especially employed in America with significant consequences for rates of incarceration and, particularly, negative impacts on the black community.
Andrew von Hirsch and Andrew Ashworth
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199272600
- eISBN:
- 9780191709692
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199272600.003.0002
- Subject:
- Law, Philosophy of Law
This chapter addresses why the institution of punishment should exist at all. It argues that a workable theory of why the criminal sanction should exist needs to rest primarily on normative, ...
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This chapter addresses why the institution of punishment should exist at all. It argues that a workable theory of why the criminal sanction should exist needs to rest primarily on normative, non-consequentialist claims, and needs to be concerned in part with consequences. In particular, such an account must contain a deontological element, related to how the offender should be addressed as an agent capable of moral deliberation; yet must nevertheless consider preventive effects to some degree so that, in principle, the system of criminal law and sanctions could be abolished, were it no longer deemed essential to prevent crime. The chapter develops a proposed justification for the criminal sanction that emphasizes the idea of penal censure, but gives a limited complementary role to prevention.Less
This chapter addresses why the institution of punishment should exist at all. It argues that a workable theory of why the criminal sanction should exist needs to rest primarily on normative, non-consequentialist claims, and needs to be concerned in part with consequences. In particular, such an account must contain a deontological element, related to how the offender should be addressed as an agent capable of moral deliberation; yet must nevertheless consider preventive effects to some degree so that, in principle, the system of criminal law and sanctions could be abolished, were it no longer deemed essential to prevent crime. The chapter develops a proposed justification for the criminal sanction that emphasizes the idea of penal censure, but gives a limited complementary role to prevention.
Cindy R. Alexander and Mark A. Cohen
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814787038
- eISBN:
- 9780814709375
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814787038.003.0002
- Subject:
- Law, Criminal Law and Criminology
This chapter examines the causes of corporate crime from an economic perspective. More specifically, it considers why corporate misconduct occurs and looks at the factors that law enforcement ...
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This chapter examines the causes of corporate crime from an economic perspective. More specifically, it considers why corporate misconduct occurs and looks at the factors that law enforcement authorities and corporate monitors take into account in determining how best to deter it. It begins with a review of the fundamental assumptions of the economic model of crime and its origins, along with the empirical evidence on its practical relevance. It then assesses the implications for the choice of enforcement strategy and design of sanction, the empirical literature on corporate criminal sanctions, and practical implications for the design of enforcement institutions. It also explores the role played by rational, self-interested individuals in causing or preventing corporate crimes and argues that corporate criminal enforcement must influence the acts and omissions of individuals within the corporation in order to successfully combat corporate misconduct.Less
This chapter examines the causes of corporate crime from an economic perspective. More specifically, it considers why corporate misconduct occurs and looks at the factors that law enforcement authorities and corporate monitors take into account in determining how best to deter it. It begins with a review of the fundamental assumptions of the economic model of crime and its origins, along with the empirical evidence on its practical relevance. It then assesses the implications for the choice of enforcement strategy and design of sanction, the empirical literature on corporate criminal sanctions, and practical implications for the design of enforcement institutions. It also explores the role played by rational, self-interested individuals in causing or preventing corporate crimes and argues that corporate criminal enforcement must influence the acts and omissions of individuals within the corporation in order to successfully combat corporate misconduct.
Alon Harel
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199861279
- eISBN:
- 9780190260071
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199861279.003.0006
- Subject:
- Law, Criminal Law and Criminology
This chapter explains why only the state may inflict criminal sanctions and presents arguments against privately inflicted criminal punishment. It suggests that there is a link between the state's ...
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This chapter explains why only the state may inflict criminal sanctions and presents arguments against privately inflicted criminal punishment. It suggests that there is a link between the state's judgments concerning the wrongfulness of the act and the infliction of sanctions, and that this link is indispensable to the legitimacy of the infliction of criminal sanctions triggered by violating state-issued prohibitions. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the need to eliminate the divide between public officials and private citizens with respect to infliction of criminal sanctions.Less
This chapter explains why only the state may inflict criminal sanctions and presents arguments against privately inflicted criminal punishment. It suggests that there is a link between the state's judgments concerning the wrongfulness of the act and the infliction of sanctions, and that this link is indispensable to the legitimacy of the infliction of criminal sanctions triggered by violating state-issued prohibitions. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the need to eliminate the divide between public officials and private citizens with respect to infliction of criminal sanctions.
Michael Gottfredson and Travis Hirschi
- Published in print:
- 2020
- Published Online:
- October 2019
- ISBN:
- 9780190069797
- eISBN:
- 9780190069834
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190069797.003.0007
- Subject:
- Sociology, Law, Crime and Deviance, Gerontology and Ageing
In this chapter, the general theory of crime depicted in self-control theory is taken as valid, and the implications for criminal justice are explored. The historical connections between classical ...
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In this chapter, the general theory of crime depicted in self-control theory is taken as valid, and the implications for criminal justice are explored. The historical connections between classical theory and criminal sanctions are described, and the relations between classical deterrence theories and control theory are examined. The classical theory assumption that deterrence places limits of effectiveness on state sanctions is used in conjunction with the modern notion of self control. The result is that modern control theory, supported by contemporary research on the effectiveness of criminal sanctions, explains why criminal sanctions have limited effectiveness for crime and sets limits on the appropriate use of criminal sanctions. Modern control theory, using classical school assumptions of human nature and choice, shows why public policy should focus on early socialization and prevention.Less
In this chapter, the general theory of crime depicted in self-control theory is taken as valid, and the implications for criminal justice are explored. The historical connections between classical theory and criminal sanctions are described, and the relations between classical deterrence theories and control theory are examined. The classical theory assumption that deterrence places limits of effectiveness on state sanctions is used in conjunction with the modern notion of self control. The result is that modern control theory, supported by contemporary research on the effectiveness of criminal sanctions, explains why criminal sanctions have limited effectiveness for crime and sets limits on the appropriate use of criminal sanctions. Modern control theory, using classical school assumptions of human nature and choice, shows why public policy should focus on early socialization and prevention.
Mark Kelman
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199755608
- eISBN:
- 9780199895236
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755608.003.0006
- Subject:
- Law, Philosophy of Law
Because fast and frugal heuristics theorists believe that people make all decisions, including decisions about whether to comply with legal regulations, by looking to a small number of ...
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Because fast and frugal heuristics theorists believe that people make all decisions, including decisions about whether to comply with legal regulations, by looking to a small number of lexically-processed decision-relevant cues, they argue that we will not manipulate crime rates as well by tinkering with expected punishments as we will by, for instance, engraining habits or conforming law to pre-existing social norms or altering the capacity of putative violators to engage in unwanted conduct. Heuristics and biases theorists believe that would-be criminals may care about the expected value of crimes they are considering committing, but that they often misestimate the probability of being sanctioned and evaluate sanctions in ways that are highly contextually sensitive. The chances of punishment may often be underestimated, and both the experienced and remembered pain of the punishment that criminals actually suffer may be counter-intuitively low. Incapacitationists should note that F&F scholars are wary of using multi-cue regression measures in predicting future dangerousness, and that H&B work should lead us to worry that we will systematically overestimate the dangerousness of criminals.Less
Because fast and frugal heuristics theorists believe that people make all decisions, including decisions about whether to comply with legal regulations, by looking to a small number of lexically-processed decision-relevant cues, they argue that we will not manipulate crime rates as well by tinkering with expected punishments as we will by, for instance, engraining habits or conforming law to pre-existing social norms or altering the capacity of putative violators to engage in unwanted conduct. Heuristics and biases theorists believe that would-be criminals may care about the expected value of crimes they are considering committing, but that they often misestimate the probability of being sanctioned and evaluate sanctions in ways that are highly contextually sensitive. The chances of punishment may often be underestimated, and both the experienced and remembered pain of the punishment that criminals actually suffer may be counter-intuitively low. Incapacitationists should note that F&F scholars are wary of using multi-cue regression measures in predicting future dangerousness, and that H&B work should lead us to worry that we will systematically overestimate the dangerousness of criminals.
Samuel W. Buell
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814787038
- eISBN:
- 9780814709375
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814787038.003.0004
- Subject:
- Law, Criminal Law and Criminology
This chapter examines the potentially adverse effects of corporate civil liability and the role of prosecutors in regulating corporate behavior. After considering the distinction between a criminal ...
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This chapter examines the potentially adverse effects of corporate civil liability and the role of prosecutors in regulating corporate behavior. After considering the distinction between a criminal enterprise case and a civil regulatory action, it discusses measures necessary to push civil regulatory liability in the direction of criminal liability. It then describes three key actors on the enforcement side of corporate regulation: private actors, criminal prosecutors, and regulatory bodies such as the Securities and Exchange Commission (SEC). It also explores problems that might arise from reforming the civil regulatory action by focusing on the SEC enforcement action. It argues that agencies should have a greater role in corporate regulation and that criminal sanctions are most effective as the cap of a pyramid of enforcement. Finally, it contends that civil enforcement must be augmented to make it more attractive to enforcers and reduce the need for criminal enforcement.Less
This chapter examines the potentially adverse effects of corporate civil liability and the role of prosecutors in regulating corporate behavior. After considering the distinction between a criminal enterprise case and a civil regulatory action, it discusses measures necessary to push civil regulatory liability in the direction of criminal liability. It then describes three key actors on the enforcement side of corporate regulation: private actors, criminal prosecutors, and regulatory bodies such as the Securities and Exchange Commission (SEC). It also explores problems that might arise from reforming the civil regulatory action by focusing on the SEC enforcement action. It argues that agencies should have a greater role in corporate regulation and that criminal sanctions are most effective as the cap of a pyramid of enforcement. Finally, it contends that civil enforcement must be augmented to make it more attractive to enforcers and reduce the need for criminal enforcement.
Anne Morrison Piehl and Geoffrey Williams
- Published in print:
- 2011
- Published Online:
- September 2013
- ISBN:
- 9780226115122
- eISBN:
- 9780226115139
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226115139.003.0003
- Subject:
- Economics and Finance, Public and Welfare
This chapter analyzes the role of fines as a criminal sanction in the United States and the potential for fines to play a larger role in crime control. The main conclusions are: fines are economical ...
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This chapter analyzes the role of fines as a criminal sanction in the United States and the potential for fines to play a larger role in crime control. The main conclusions are: fines are economical only in relation to other forms of punishment; for many crimes fines will work well for the majority of offenders but fail miserably for a significant minority; fines present a number of significant administrative challenges; and the political economy of fine imposition and collection is complex. With the caveats that jurisdictions vary tremendously and that there are large gaps in our knowledge about them, a model is developed showing that it is possible to expand the use of fines as a criminal sanction if institutional structures are developed with these concerns in mind. A commentary is included at the end of the chapter.Less
This chapter analyzes the role of fines as a criminal sanction in the United States and the potential for fines to play a larger role in crime control. The main conclusions are: fines are economical only in relation to other forms of punishment; for many crimes fines will work well for the majority of offenders but fail miserably for a significant minority; fines present a number of significant administrative challenges; and the political economy of fine imposition and collection is complex. With the caveats that jurisdictions vary tremendously and that there are large gaps in our knowledge about them, a model is developed showing that it is possible to expand the use of fines as a criminal sanction if institutional structures are developed with these concerns in mind. A commentary is included at the end of the chapter.
Doron Teichman
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199861279
- eISBN:
- 9780190260071
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199861279.003.0004
- Subject:
- Law, Criminal Law and Criminology
This chapter presents an authoritative overview of the economics of crime control, with particular emphasis on Gary Becker's arguments as set forth in his seminal paper, Crime and Punishment: An ...
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This chapter presents an authoritative overview of the economics of crime control, with particular emphasis on Gary Becker's arguments as set forth in his seminal paper, Crime and Punishment: An Economic Approach. It begins with a description of Becker's principal conclusions and then explores some of the developments in the literature since the publication of his paper. Topics range from the economic model of criminal behavior to the optimal size of criminal sanctions the state should impose, the optimal type of sanctions it should imposed, and the economics of fines and incarceration. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling relevant issues such as deterrence and the law, economics, and neuroethical realism of crime control.Less
This chapter presents an authoritative overview of the economics of crime control, with particular emphasis on Gary Becker's arguments as set forth in his seminal paper, Crime and Punishment: An Economic Approach. It begins with a description of Becker's principal conclusions and then explores some of the developments in the literature since the publication of his paper. Topics range from the economic model of criminal behavior to the optimal size of criminal sanctions the state should impose, the optimal type of sanctions it should imposed, and the economics of fines and incarceration. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling relevant issues such as deterrence and the law, economics, and neuroethical realism of crime control.
Ruti G. Teitel
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780195394948
- eISBN:
- 9780199378777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195394948.003.0006
- Subject:
- Law, Public International Law
This chapter was written the summer before September 11th for an interdisciplinary art theory conference on transitional justice, which was part of the major contemporary art event Documenta 11. The ...
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This chapter was written the summer before September 11th for an interdisciplinary art theory conference on transitional justice, which was part of the major contemporary art event Documenta 11. The setting was New Delhi, and part of the inspiration was Mahatma Gandhi, as well as forms of narrative associated with the contemporary art movement. In this chapter the author builds on the conclusions from her 2000 book, Transitional Justice. This chapter seeks to keep alive the appreciation of the complex normativity of transition; an even greater challenge today given the tendency to bureaucratize or legalize transitional justice, severing or attenuating its connection to the political. The chapter also deals with transitional justice’s relationship to the concepts of collective truth, impunity, the limited criminal sanction, and truthtelling.Less
This chapter was written the summer before September 11th for an interdisciplinary art theory conference on transitional justice, which was part of the major contemporary art event Documenta 11. The setting was New Delhi, and part of the inspiration was Mahatma Gandhi, as well as forms of narrative associated with the contemporary art movement. In this chapter the author builds on the conclusions from her 2000 book, Transitional Justice. This chapter seeks to keep alive the appreciation of the complex normativity of transition; an even greater challenge today given the tendency to bureaucratize or legalize transitional justice, severing or attenuating its connection to the political. The chapter also deals with transitional justice’s relationship to the concepts of collective truth, impunity, the limited criminal sanction, and truthtelling.
Richard L. Lippke
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199209125
- eISBN:
- 9780191695766
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199209125.003.0001
- Subject:
- Law, Criminal Law and Criminology
This chapter first sets out the purpose of the book, which is to encourage a normative rethinking of imprisonment as a criminal sanction. The book's main focus is an examination of the restrictions ...
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This chapter first sets out the purpose of the book, which is to encourage a normative rethinking of imprisonment as a criminal sanction. The book's main focus is an examination of the restrictions and deprivations imprisonment legitimately imposes on serious offenders. It argues that many countries imprison too many offenders, for too long, under conditions that cannot morally be justified. Many of those imprisoned are themselves victims of severe social deprivation; or they are not quite fit subjects for legal punishment in other respects. It urges less use of imprisonment generally, and less harsh and restrictive forms of it when it is employed. An overview of the subsequent chapters is also presented.Less
This chapter first sets out the purpose of the book, which is to encourage a normative rethinking of imprisonment as a criminal sanction. The book's main focus is an examination of the restrictions and deprivations imprisonment legitimately imposes on serious offenders. It argues that many countries imprison too many offenders, for too long, under conditions that cannot morally be justified. Many of those imprisoned are themselves victims of severe social deprivation; or they are not quite fit subjects for legal punishment in other respects. It urges less use of imprisonment generally, and less harsh and restrictive forms of it when it is employed. An overview of the subsequent chapters is also presented.
Michael Gottfredson and Travis Hirschi
- Published in print:
- 2020
- Published Online:
- October 2019
- ISBN:
- 9780190069797
- eISBN:
- 9780190069834
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190069797.001.0001
- Subject:
- Sociology, Law, Crime and Deviance, Gerontology and Ageing
Modern Control Theory and the Limits of Criminal Justice updates and extends the authors’ classic general theory of crime (sometimes referred to as “self-control theory”). In Part I, contemporary ...
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Modern Control Theory and the Limits of Criminal Justice updates and extends the authors’ classic general theory of crime (sometimes referred to as “self-control theory”). In Part I, contemporary evidence about the theory is summarized. Research from criminology, psychology, economics, education, and public health substantially supports the lifelong influence of self control as a significant cause of problem behaviors, including delinquency and crime, substance abuse, school problems, many forms of accidents, employment instability, and many poor health outcomes. Contemporary evidence is supportive of the theory’s focus on early socialization for creation of higher levels of self control and other dimensions of the theory, including the roles of self control, age and the generality or versatility of problem behaviors, as well as the connections between self control and later teen and adult problem behaviors. The book provides methodological assessments of research on the theory, contrasting the control theory perspective with other developmental perspectives in criminology. The role of opportunity, the relationship between self and social control theory, and the role of motivation are addressed. In Part II, control theory is taken to be a valid theory and is used to explore the role of criminal sanctions, especially policing and prisons, and policies about immigration, as methods to impact crime. Modern control theory provides an explanation for the general lack of effectiveness of formal, state sanctions on crime and instead provides substantial justification for prevention of delinquency and crime by a focus on childhood. The theory effectively demonstrates the limits of criminal sanctions and the connection between higher levels of self control and positive life-course outcomes.Less
Modern Control Theory and the Limits of Criminal Justice updates and extends the authors’ classic general theory of crime (sometimes referred to as “self-control theory”). In Part I, contemporary evidence about the theory is summarized. Research from criminology, psychology, economics, education, and public health substantially supports the lifelong influence of self control as a significant cause of problem behaviors, including delinquency and crime, substance abuse, school problems, many forms of accidents, employment instability, and many poor health outcomes. Contemporary evidence is supportive of the theory’s focus on early socialization for creation of higher levels of self control and other dimensions of the theory, including the roles of self control, age and the generality or versatility of problem behaviors, as well as the connections between self control and later teen and adult problem behaviors. The book provides methodological assessments of research on the theory, contrasting the control theory perspective with other developmental perspectives in criminology. The role of opportunity, the relationship between self and social control theory, and the role of motivation are addressed. In Part II, control theory is taken to be a valid theory and is used to explore the role of criminal sanctions, especially policing and prisons, and policies about immigration, as methods to impact crime. Modern control theory provides an explanation for the general lack of effectiveness of formal, state sanctions on crime and instead provides substantial justification for prevention of delinquency and crime by a focus on childhood. The theory effectively demonstrates the limits of criminal sanctions and the connection between higher levels of self control and positive life-course outcomes.
S.E. Marshall and R.A. Duff
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199861279
- eISBN:
- 9780190260071
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199861279.003.0011
- Subject:
- Law, Criminal Law and Criminology
This chapter presents an authoritative overview of criminalization and sharing wrongs as well as the idea that crime should be a “public” wrong. It includes comments by some of the nation's top legal ...
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This chapter presents an authoritative overview of criminalization and sharing wrongs as well as the idea that crime should be a “public” wrong. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as sharing wrongs between criminal and civil sanctions, the dangers of sharing wrongs with society, sharing the burdens of justice, contractualism, public versus private retribution, and delegated revenge.Less
This chapter presents an authoritative overview of criminalization and sharing wrongs as well as the idea that crime should be a “public” wrong. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as sharing wrongs between criminal and civil sanctions, the dangers of sharing wrongs with society, sharing the burdens of justice, contractualism, public versus private retribution, and delegated revenge.
Steve Peers
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780198776840
- eISBN:
- 9780191841910
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198776840.003.0004
- Subject:
- Law, EU Law
To ensure that substantive criminal law achieves its intended objectives, it is necessary both to investigate alleged crimes and to prosecute the alleged offenders, and then to carry out any sentence ...
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To ensure that substantive criminal law achieves its intended objectives, it is necessary both to investigate alleged crimes and to prosecute the alleged offenders, and then to carry out any sentence imposed. However, in democratic societies committed to human rights, ensuring effective prosecutions cannot be the sole objective. As it is unacceptable to punish the innocent with the force of criminal sanctions such as imprisonment, the process of determining guilt or innocence needs to be fair. So the right to a fair trial carries a prominent place in any general international human rights treaty or national constitutional bill of rights, along with associated principles like the legality and non-retroactivity of criminal law. This chapter examines criminal law in detail, starting with the basic issues of the institutional framework, an overview of measures adopted, legal competence, territorial scope, human rights, and overlaps with other (non-JHA) EU law. It then examines the EU’s harmonization of domestic criminal procedure, in the specific fields referred to in the Treaty of Lisbon in turn: evidence law, suspects’ rights, and victims’ rights.Less
To ensure that substantive criminal law achieves its intended objectives, it is necessary both to investigate alleged crimes and to prosecute the alleged offenders, and then to carry out any sentence imposed. However, in democratic societies committed to human rights, ensuring effective prosecutions cannot be the sole objective. As it is unacceptable to punish the innocent with the force of criminal sanctions such as imprisonment, the process of determining guilt or innocence needs to be fair. So the right to a fair trial carries a prominent place in any general international human rights treaty or national constitutional bill of rights, along with associated principles like the legality and non-retroactivity of criminal law. This chapter examines criminal law in detail, starting with the basic issues of the institutional framework, an overview of measures adopted, legal competence, territorial scope, human rights, and overlaps with other (non-JHA) EU law. It then examines the EU’s harmonization of domestic criminal procedure, in the specific fields referred to in the Treaty of Lisbon in turn: evidence law, suspects’ rights, and victims’ rights.
