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Ballart V: FACE À LA JUSTICE PÉNALE

FACE À LA JUSTICE PÉNALE

Le manuel du justiciable Comprendre l'infraction, l'enquête, le procès et la peine

Hart Studies in European Criminal Law

This unique open access collection offers an in-depth understanding of UK-EU police and judicial cooperation post-Brexit, an under-explored field. It considers the legal and political operation of the Trade and Cooperation Agreement (TCA) and its implications for a wide number of policy areas. As well as critiquing its operation, contributors suggest reforms that would improve police and judicial cooperation between the UK and the EU. This scholarly discussion is balanced against practical considerations, with short chapters setting out practitioners' perspectives on the TCA. It ends by reflecting on lessons that non-EU countries seeking cooperation with the EU might learn. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by Northumbria University.

Implementing the Trade and Cooperation Agreement

Uk-EU Police and Judicial Cooperation Post-Brexit

This book celebrates the life and legacy of one of Ireland's greatest ever jurists - Gerard Hogan. Across his career as an academic, Advocate General at the Court of Justice of the European Union, and judge of the High Court, Court of Appeal, and Supreme Court of Ireland, Gerard Hogan has had a profound influence on public law. He is widely regarded as Ireland's leading legal scholar, particularly in constitutional law, administrative law, and EU law. The volume in his honour focuses on the central role of courts in public law. It examines how courts shape constitutional systems, interpret legislation, hold public authorities accountable, and protect rights, while maintaining the balance between the executive, legislature, and citizens. Drawing on themes developed in his scholarship, opinions, and judgments, the book addresses issues such as judicial review, constitutional oversight, the rule of law, and the relationship between judicial independence, public confidence, democracy, and accountability. It also considers comparative and global perspectives on how courts perform these functions across different jurisdictions. Reflecting on Gerard Hogan's enduring contributions to debates on judicial review, separation of powers, fundamental rights, and judicial decision-making, the book serves as both a tribute and a lasting scholarly resource. At a time of ongoing constitutional challenges in Ireland and across Europe, it offers a timely reflection on the principles of public law that Gerard Hogan has shaped over several decades, both on and off the bench.

Liber Amicorum in Honour of Gerard Hogan

Public Law and the Centrality of Courts

Key Ideas in Law

This book explores the law, philosophy, and wider implications of that brief but highly consequential moment when a judge imposes sentence on a convicted offender. Sentencing is one of the most contested aspects of contemporary criminal justice. It is an important field of study, both as an instance of coercive state power over the citizen and as the point at which the statutory purposes of punishment are given public expression. Focusing on England and Wales, with occasional comparative reference to sentencing practice around the world, topics include the legal and ethical implications of pleading guilty, the origin and development of sentencing guidelines, and the 'ordinary' language in which the sentence itself must be pronounced in open court. Tensions arise over the appropriate treatment of cohorts including the young, racialised, mentally disordered, and dangerous, and the disparate outcomes such treatment can generate. At a time of unprecedented crisis - from the phenomenon of 'sentence inflation' 50 years in the making, to the criminal court backlog, to an overcrowded prison estate - the book concludes with an appraisal and critique of the Sentencing Act 2026. The Act was pitched as a once-in-a-generation attempt at substantive justice reform, but its precise impact remains to be seen. Key Features · Offers an original account of a field in transition, equipping readers with a rich and robust evidence base · Reconciles classical theories of punishment with modern case law and sentencing practice · Comparative insights provide perspective and distance, enabling readers to form their own views on a complex field

Key Ideas in Sentencing

From 1974 to 2003, New Orleans had one man serve as its district attorney: Harry Connick Sr. That same time span marked a period of sharply rising incarceration rates and changing opinions about law and order, both locally and nationally. Louisiana in particular eventually gained the reputation of being the country's most incarcerated state; New Orleans, as its biggest city, bore much of the responsibility for earning it that designation. Connick was known for his tough-on-crime approach to prosecution, forcefully employing old and new legal strategies to send droves of defendants to jail and prison, often for as long as possible. 	 	 	Connick was popular enough with voters to be re-elected four times, a long tenure that is particularly notable given the increase in Black political presence and power in New Orleans during that time. His multiple re-elections were evidence that enough of the city's Black voters supported his policies to keep him as DA, even when he faced spirited opposition from Black candidates who tried to show constituents how Connick had failed them. However, by the time of his retirement in 2003, Connick's reputation had begun to suffer as revelations of shocking prosecutorial misconduct in his office emerged. Over the past twenty years, those revelations have only increased in number and scope. Connick, now deceased, has left a fractured legacy whose reverberations continue to be felt in New Orleans. 	 	 	Susan Penman's Uncertain Justice shows what Connick's office was like during the decades he was in power: how it was situated politically, what steps it took to curb crime at a time when so many New Orleanians were concerned about violence, and what locals perceived about how it functioned—and in turn how they either supported or questioned Connick's policies. Penman demonstrates the vast influence a district attorney possesses and how that influence manifests locally through legislation, office practices, and political sway. Uncertain Justice sits at the nexus of carceral studies and history by exploring how one man, at the helm of a very powerful office, navigated shifting political currents and exercised immense authority throughout many crucial years.

Harry Connick Sr., Politics, and Prosecution in New Orleans

Uncertain Justice

Elements of International Law

Piracy

The American criminal justice system is broken – and the problem is being compounded by our mental health crisis. After confronting the failures of these systems first-hand, Judge Steve Leifman realized that for things to improve, a radical change was necessary. In 2000, he created Florida’s 11th Judicial Circuit Criminal Mental Health Project, later renamed to the Jail Diversion Project (JDP). Uniting all facets of the criminal justice system from courts to clinics, the program has become one of the most impactful models for prison reform across the country. Complete Justice reveals Judge Leifman’s courageous and visionary efforts to successfully overhaul and restructure Miami-Dade’s mental health and criminal justice systems. The results have been nothing short of miraculous. Arrests were cut in half, the jail audit was reduced by almost half, police shootings almost stopped, and the county was able to close one of its three main jails at a savings of millions of dollars. Best of all, the results shown tin the book are replicable and scalable. Leifman has created a state-of-the-art, transferable model, the “Miami Model,” that is starting to be applied around the country in communities large and small. This highly successful initiative, consisting of both pre-arrest and post-arrest diversion programs, brings together the resources and services of law enforcement, the justice system, and community stakeholders to divert individuals with mental illnesses who commit low-level offenses away from incarceration and into community-based care. Complete Justice is the inside story of development, creation, and implementation of the Miami Model - and how it can save lives anywhere and everywhere else. Starting with a trip to a psychiatric wing of a Florida jail at age 17, through his early missteps as a young judge bumping up against convoluted the mental health legislature, the formation of the JDP and monumental report on Florida’s mental health system, and finally spotlighting courts across the country adopting his program, Leifman’s inspiring work offers kindness, insight, and real solutions to one of America’s most complex social problems.

Ending the Criminalization of Mental Illness

Complete Justice

Fire Safety Law and Practice provides a comprehensive and authoritative overview of the legislative framework that governs fire safety in England and Wales. Taking into account the significant amendments that have followed the tragic events of Grenfell Tower, it explains who is subject to duties under the order and what those duties are. It then deals with enforcement, covering the duties on enforcing authorities and the investigatory powers available to them, before looking at both the bringing of criminal proceedings and the powers to issue alteration, prohibition and enforcement notices. Accessible to both those new to the field and experienced legal practitioners, and to fire safety inspectors as well as risk assessors, it serves not only as a reference work, but also provides a detailed practical guide for those working in this area on a daily basis. This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Fire Safety Law and Practice

Decriminalisation is often framed as a 'third way solution' between legality and criminalisation, but the complex regulatory field that surrounds it is rarely examined. This edited collection marks a departure from current approaches by focusing on the consequences of decriminalisation, rather than abstractly considering what law should be. The collection offers selected case studies where decriminalisation has occurred - drug use, prostitution, homosexuality, abortion and euthanasia - subjecting each to a socio-legal analysis. It pays critical attention to the restructuring of subjects, social space and norms that takes place when modes of governance are transformed. It offers a critical framework for academics, policy makers and the members of the public seeking to move beyond simplistic legal/illegal distinctions to better understand the realities that emerge when explicit criminal sanctions are removed.

Socio-Legal Perspectives

Decriminalisation

Criminal Practice Series

This single volume explains the civil recovery regime under POCA 2002 in the magistrates' court for professionals. POCA 2002, Pt 5 contains the relevant primary legislation and includes the provisions that deal with the recovery of cash, listed assets, and bank accounts. There is considerable overlap in the principles and procedures that UK law enforcement must follow; from initial searches to the seizure and detention/freeze of assets before submitting an eventual forfeiture application. Providing expert commentary on POCA 2002, Pt 5 and the principles and procedures that must be followed this title ensures that practitioners can provide practical guidance to individuals and corporates and includes all the relevant statutory provisions, rules, codes and forms. It answers questions such as: - Why would a client's bank account be frozen? - If HMRC successfully applies to freeze a client's bank account, how can I get the court order discharged? - If my client's cash is seized, how can I practically advise a client to get the funds returned? - If my client is subject to a criminal investigation and a civil investigation, how should I advise them? - If my client's bank accounts are frozen, how can everyday expenses, including paying legal fees, be met? This is a must have title for Financial crime legal professionals, Accountants, Compliance officers, Fraud analysts, Cyber security experts, and Anti-bribery and corruption specialists.

A Guide to Civil Recovery in the Magistrates’ Court

This book provides the first in-depth study of the crime of bigamy from the 17th century to the present day. Between 1604 and 2024, around 30,000 individuals were prosecuted for bigamy in England and Wales. A few were able to establish a defence to the charge, but most were convicted. How they were punished varied hugely across the centuries - from execution, branding, whipping, transportation, and imprisonment through to fines and community service. Double Trouble details the legal framework that underpinned such prosecutions. As a companion volume to Double Lives: Stories of Bigamy in England and Wales, 1604-2024, it sets the offence in the context of the changing laws on marriage and divorce, and examines the consequences of bigamy for those involved, including the remedies that were available to the often-deceived second spouse. Drawing on a wide array of sources from the 17th century to the present day, including formal law reports, legal treatises, newspapers, censuses, parish registers, divorce petitions and Parliamentary debates, this book shows how bigamy should be taken seriously as an offence that all too often involved deception, abandonment and heartbreak.

Bigamy and the Law in England and Wales, 1604-2024

Double Trouble

Using an aesthetic culture and techniques termed as jihadi cool, terrorist groups have been able to recruit members from around the world, so how do we begin to respond? This book analyzes the rhetorical and ethical dynamics of a culture of jihadi cool/chic, and why these rhetorical and aesthetic techniques have been such a powerful recruitment force for particular transnational terrorist groups. The author uses an evidence-based approach, with frameworks derived from law, politics, philosophy, rhetoric, feminist theory, and communication studies, to examine various attempts to construct counter-narratives to the jihadi cool master narrative. The book closes with an examination of how to begin to respond critically and effectively to the lure of jihadi cool.

Narrative, Law, Culture, and Philosophy Against Global Jihad

Countering Jihadi Cool

FACE À LA JUSTICE PÉNALE

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