This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this was the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This was also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems such as Common Law, Civil Law, Islamic Law, and Asian Law around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.
Crime control thro11gh lmr enforcement is generally considered to be a two-part process of appre hending and incapacitating or rehabilitating the gLtilt y , and deterring the innocent f r om crime by the ihreat of punishment. The analysis presented here slwws that the protection of the innocent from harass ment-detention, arresr. p11nishment, and other inrrusions by the criminal justice system-is important in deterring crime. Spec(fically, the analysis shoH•s that deterrence from crime is weakened and then lost /or a rational indii•idual ,,•ho holds the majorit y arritude roward risk, if the levels of rightful punishment and-..,, 1-rongfLtl harassmem are increased, as in a war 011 crime, and the likelihoods of wrongful and right ful pLtnishment are reasonably close. The analysis is employed ro show how the perceived likelihood of harassment may be a comributing factor to the disproponionarely high representation of minoriry groups in the U.S. prison s y stem.
Ce document est protégé par la loi sur le droit d'auteur. L'utilisation des services d'Érudit (y compris la reproduction) est assujettie à sa politique d'utilisation que vous pouvez consulter en ligne.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.