In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.

This book explores how Bangladeshi women from poor and undereducated/semi-educated backgrounds who have crossed the Indo-Bangladesh border find themselves in prisons serving sentences under the Foreigners Act, 1946. Drawing on original fieldwork, this book explores these women’s understanding of borders and state sovereignty and how the women - from conservative rural and semi-rural backgrounds which impose a strict moral code - adjust to the socio-cultural context of an Indian prison, where being an inmate is "dishonourable" in their community. This book examines the implicit challenge in these women’s action and decisions to these codes of honour, to accepted social norms of their religion and community, and ultimately, the dominantly patriarchal system that marks South Asian society. Further, it focuses on the negotiations that the Bangladeshi women make with the social and political borders they encounter in the process of crossing the Indo-Bangladesh border without requisite documents needed by the state for entry into a "foreign" land; how they cope with the daily challenges of living during their imprisonment in a correctional home; and their feelings about their impending return to Bangladesh. Women who are apprehended and criminalised for crossing borders must negotiate with not only the normative understanding of borders which is inherently masculine in nature, but also the gender biased lens through which female mobility is viewed: therefore, they not only cross political borders but also social borders. This book maps the associations between women’s experiences of mobility and incarceration, and their linkages with social and political borders and the fraught experiences of being in a ‘foreign’ territorial space. It will be important reading for criminologists, sociologists, and those engaged in penology, women’s studies and migration studies.

Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices. The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely. Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.

"The International Crimes Tribunal in Bangladesh was established in 2010 with the aim of bringing to trial perpetrators of crimes committed during the Liberation War in 1971, through which the country seceded from Pakistan. The International Crimes Tribunal is a domestic tribunal based on the International Crimes Tribunals Act from 1973 and the rules of procedure enacted by the Tribunal itself. The initiation of these trials almost 40 years after the war entails several challenges. The publication examines to what extent the Tribunal's legal framework as well as its jurisprudence comply with international standards as established in international treaties, customary international law and in the jurisprudence of international criminal law. To this end, the substantive law and its interpretation as well as the procedural standards applied at these trials are examined thoroughly. At the same time, the analysis takes into account the political environment surrounding the Tribunal's work and assesses its impact on the country?s process of coming to terms with the past."--