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Overuse in the Criminal Justice System - On Criminalization, Prosecution and Imprisonment (Hardcover)
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Overuse in the Criminal Justice System - On Criminalization, Prosecution and Imprisonment (Hardcover)
Series: International Penal and Penitentiary Foundation, 47
Expected to ship within 12 - 17 working days
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The criminal justice system encompasses the most severe instrument
at the state's disposal in times of peace. For this and many other
reasons, overuse of that system is a serious matter.It may present
itself in different forms. Overuse of criminalization may mean that
too much conduct is criminalized without necessity. Overuse of
prosecution may present itself if too many violations of criminal
offences are prosecuted, while in certain individual cases or
specific categories of cases it would be more effective, fairer,
more efficient or otherwise desirable to refrain from prosecution
and/or to apply alternative means, such as negotiating justice or
administrative fines. Finally, the criminal justice system can be
overused through the application and execution of too many or too
severe prison sentences.All these forms of overuse are discussed in
this volume. It contains one introductory chapter, seven thematic
chapters and sixteen chapters on individual countries around the
world. Themes discussed in these chapters are, among others, the
principle that criminal law is and must be regarded as a so-called
ultima ratio or ultimum remedium, the relevant human rights
framework, worldwide statistics, and legal and practical restraints
as well as possibilities to solve overuse.Containing an extensive
collection of expert knowledge, this volume intends to expose legal
possibilities, good practices and the many challenges that lie
ahead when attempting to prevent overuse in the criminal justice
system.
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