scholarly journals Risk, Human Rights and the Management of a Serious Sex Offender

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Noel Whitty
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Media Coverage ◽  
Sex Offender ◽  
Police Services ◽  
Critical Scrutiny ◽  
The Uk ◽  
The Relationship

AbstractRisk and human rights discourses have become dominant features of the UK criminal justice arena. However, there has been little critical scrutiny of the ways in which these discourses relate to each other. In this article, I focus on different accounts of the case of Anthony Rice, a 48-year old ex-offender who committed a murder in August 2005 whilst under the joint supervision of English probation and police services. Drawing upon official reviews by the Inspectorate of Probation and the UK Parliament Joint Committee on Human Rights, as well as media coverage, I use the Rice case to problematise some common assumptions about the relationship between risk and human rights.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

12. Hearsay in criminal cases

2020 ◽  
pp. 349-411
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Definition Of ◽  
The Relationship

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Article 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (section 114(1)(d)); and safeguards including provisions relating to the capability and credibility of absent witnesses, the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under section 9 of the Criminal Justice Act 1967; and depositions of children and young persons under section 43 of the Children and Young Persons Act 1933.

PENDEKATAN HAK ASASI MANUSIA PADA SISTEM PEMIDANAAN DAN PUTUSAN PERKARA KORUPSI

2020 ◽  
Vol 6 (1) ◽  
pp. 23-48
Author(s):  
Mahrus Ali
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Empirical Study ◽  
Social Welfare ◽  
Criminal Justice System ◽  
Justice System ◽  
Court Decision ◽  
Human Right ◽  
The Relationship ◽  
Human Rights Violation

This juridical normative and empirical study is conducted with the aim at analyzing the relationship between corruption and human rights violation. Two issues shall be discussed, i.e. what factors inhibits the use of human right approach in corruption cases and what changes can be made to the criminal justice system, especially in relation to the penal judgement. One factor inhibiting the use of a human right approach in handling corruption cases in the perspective of treating corruption as pure criminal act wholly unrelated to violation of human rights.  To rectify this situation and accommodate this human right approach, the author recommends to prioritize and use fine which basic value is social welfare.  Court decision in corruption cases, in addition, should when evaluating elements of crime charges, explicitly describe those rights of the victims which are violated and use this consideration in determining what penal sanction are to be given. 

The right to healthcare

2020 ◽  
pp. 195-208
Author(s):  
Ann Marie Gray
Keyword(s):  
Human Rights ◽  
Social Care ◽  
Health And Social Care ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
The Impact ◽  
The Relationship

This chapter explores the relationship between human rights and health and social care. It begins by setting out the main international mechanisms, at UN, EU and ECHR levels, and the obligations they place on governments. It then discusses the impact of international and domestic human rights instruments through an examination of developments in social care policy, and with regard to reproductive health care rights in Northern Ireland. It also highlights issues relating to devolution and the implementation of human rights in the UK and in particular the role of the Human Rights Act (1998).

Penal Imaginations of Global Justice-Making

2019 ◽  
pp. 125-154
Author(s):  
Kjersti Lohne
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Global Justice ◽  
International Criminal ◽  
Close Relation ◽  
International Criminal Justice ◽  
Criminal Justice Systems ◽  
Similarities And Differences ◽  
Sociology Of Punishment ◽  
The Relationship

The chapter analyses the cosmopolitan penal imaginary building on western domestic penality, delving into the relationship between human rights sensibilities and criminal justice mentalities in the ‘fight against impunity’. Through the fieldwork in Uganda and Rwanda, the chapter describes asymmetries between the international and national criminal justice systems. It shows how international criminal justice circulates transnationally between different geographical sites via human rights NGOs and is closely linked to human rights expertise, and how human rights NGOs turn international criminal justice into issues about social justice. Applying a sociology of punishment perspective, the chapter brings out the similarities and differences in ‘penal imaginations’ between domestic and international criminal justice, and argues that international criminal justice both echoes the national and departs from it. For example, while international criminal justice relies upon retributive and expressive undertones, it makes no appeal to punitive sensibilities: a fact that can be understood in light of the close relation between international criminal justice and human rights NGOs. Yet, it is argued that human rights NGOs rely too strongly on punitive answers, and that amnesties can be just a matter of pragmatism in situations of profound violence. Thus, while the ICC has both retributive and reparative aims, the situation in northern Uganda demonstrates how international criminal justice became an impediment to peace. Moreover, the chapter reveals how a lot of practical issues had simply not been ‘thought of’ when setting up the ICC, such as acquittals and asylum-seeking witnesses.

scholarly journals Prisoner Transfer Within the Irish-UK Common Travel Area (CTA) After Brexit: Human Rights Between Politics and Penal Reform

2020 ◽  
pp. 002201832097752
Author(s):  
Tim J Wilson
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Member States ◽  
Eu Member States ◽  
Penal Reform ◽  
Long Duration ◽  
Domestic Courts ◽  
Uk Government ◽  
The Uk ◽  
The Eu

The UK Government proposed in February 2020 that sentenced prisoner transfers with EU member states should continue after Brexit, but using a more ‘effective’ process than the existing CoE convention. The article analyses, with a particular focus on the Irish-UK CTA, the significance of continued UK human rights compliance for the achievement of this objective and the interrelationship of this issue with extradition/surrender (including the surrender of fugitive prisoners). It is concluded that Brexit has most probably raised the level of formal and institutional human rights compliance (including legal aid/assistance and the direct enforcement of prisoners’ rights in domestic courts) required from the UK for criminal justice cooperation with EU member states. Entering into such undertakings would not assist criminal impunity or the evasion of lawfully imposed penalties. Such undertakings, however, cannot help to resolve many problems inherent in prisoner transfer within the EU. The creation of a truly effective and rehabilitative transfer system would require (a) constructive UK Government participation in inter-governmental (including the UK devolved governments)/EU arrangements capable of incrementally resolving or effectively mitigating criminal justice cooperation problems and (b) acceptance at Westminster that this aspect of post-Brexit readjustment is likely to be intermittent and of long-duration.

Norm destruction, norm resilience

2020 ◽  
Vol 19 (3) ◽  
pp. 413-435
Author(s):  
Ekaterina Balabanova ◽  
Alex Balch
Keyword(s):  
Political Culture ◽  
Media Coverage ◽  
European Context ◽  
Refugee Protection ◽  
Great Pressure ◽  
Media Systems ◽  
The Uk ◽  
Communist Countries ◽  
The Relationship ◽  
East West

Abstract Principles of refugee protection in Europe are said to have come under great pressure with the populist and nationalist backlash to the ‘migrant crisis’, often traced to illiberal regimes in post-communist countries. This paper tests these claims by comparatively analysing media coverage in the UK and Hungary, establishing the extent to which specific norms were challenged or upheld in April and September 2015. It develops a new methodology connecting ethical justifications for migration controls with the ‘normative terrain’ of refugee protection. The findings complicate existing assumptions about differences between conservative and progressive-leaning publications, and also the divide and direction of travel between Old/New and East/West in the European context. The article challenges the narrative of the ‘illiberal wind’ and advances understanding of the relationship between political culture and media systems in Europe, and the toxic nature of media coverage in relation to the survival of the normative regime around refugees.

The Police Informer/Handler Relationship: Is it Really Unique?

2003 ◽  
Vol 5 (1) ◽  
pp. 50-62 ◽  
Author(s):  
Roger Billingsley
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Justice System ◽  
Law Enforcement Agencies ◽  
Common Assumption ◽  
Police Service ◽  
The Subject ◽  
The Veil ◽  
The Uk ◽  
The Relationship

The use of informers by the police service in the UK has been the subject of recent research, even though the police service in this country has been protective towards this particular investigative method. It has been revealed from this research that there is a common assumption that the use of informers is quite unique among police relationships. This paper examines whether in fact the relationship between an informer and the police is really that unique, or whether it is the secrecy which surrounds it that provokes such an assumption. The paper relies heavily on a comparison with other relationships, starting with typical professional partnerships, then examining other police relationships. The factors which emerge from these relationships have been compared to police/informer relationships to determine how dissimilar they are. The paper suggests there are in fact many similarities between a police/ informer relationship and other professional partnerships, and concludes that it is probably the secrecy which the police have maintained that has created the assumption that the relationship is unique. It is suggested by the author that if the police/informer relationship became more transparent and accountable then this may lead to law enforcement agencies being less able to hide behind the veil of secrecy, which may help the concept of openness within the criminal justice system.

7 Immunity, 7.7 Entico Corporation Ltd v UNESCO , 18 March 2008, [2008] EWHC 531 (Comm), [2008] 2 All ER (Comm) 97

2016 ◽  
Author(s):  
Wickremasinghe Chanaka
Keyword(s):  
Human Rights ◽  
National Court ◽  
Detailed Examination ◽  
European Convention ◽  
European Court ◽  
Legal Context ◽  
The Uk ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

Entico v UNESCO provides the most detailed examination to date by a court in the UK of the relationship between the immunity of an international organization, UNESCO, and the right of access to a court, as it is implied in the interpretation of art. 6 of the European Convention on Human Rights. It raises an interesting question about the applicability of the much-cited judgment of the European Court of Human Rights in Waite and Kennedy in the context of a UN Specialised Agency. The case teaches us that the huge variety of international organizations means that the extent of their immunities must be fashioned in the case of each organization to meet their particular functional needs. This suggests that the national court needs to approach generalizations with care, and a full appreciation of the international legal context that governs the organization in question.

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