European Perspectives on Pre-Trial Detention
Title | European Perspectives on Pre-Trial Detention PDF eBook |
Author | Christine Morgenstern |
Publisher | Taylor & Francis |
Pages | 267 |
Release | 2023-09-15 |
Genre | Law |
ISBN | 1000953165 |
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Imprisonment
Title | Imprisonment PDF eBook |
Author | John Muncie |
Publisher | |
Pages | 288 |
Release | 1991 |
Genre | Imprisonment |
ISBN |
Pre-trial Detention in the Netherlands
Title | Pre-trial Detention in the Netherlands PDF eBook |
Author | J. H. Crijns |
Publisher | |
Pages | 0 |
Release | 2016 |
Genre | Detention of persons |
ISBN | 9789462366879 |
The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]
Pre-trial Detention in the European Union
Title | Pre-trial Detention in the European Union PDF eBook |
Author | A. M. van Kalmthout |
Publisher | |
Pages | 1014 |
Release | 2009 |
Genre | Detention of persons |
ISBN |
Preventive Detention
Title | Preventive Detention PDF eBook |
Author | Stanislaw J. Frankowski |
Publisher | BRILL |
Pages | 318 |
Release | 2022-05-09 |
Genre | Law |
ISBN | 9004478914 |
Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
The Need for EU Pre-trial Detention Rules
Title | The Need for EU Pre-trial Detention Rules PDF eBook |
Author | Estella Baker |
Publisher | |
Pages | 26 |
Release | 2019 |
Genre | |
ISBN |
European Prison Rules
Title | European Prison Rules PDF eBook |
Author | Council of Europe. Committee of Ministers |
Publisher | Council of Europe |
Pages | 133 |
Release | 2006-01-01 |
Genre | Law |
ISBN | 9287159823 |
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.