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Plea bargaining avoids a lengthy and costly criminal trial and thus
enables courts to deal with a large number of cases very quickly.
While it has often been argued that modern criminal justice systems
cannot afford to abolish plea bargaining, academics long have
criticised it for undermining the rule of law by avoiding
procedural safe-guards. This book analyses plea bargain in
different families of law, and drawing on these findings ask to
what extent this practice should be developed in international
criminal law. The book analyses the relationship between values and
practice in modern criminal justice systems through the example of
plea bargaining comparing the development and practice of plea
bargaining in different systems. The book sets out in-depth studies
of consensual case dispositions in the UK, setting out how plea
bargaining has developed and spread in England and Wales. It
discusses in detail the problems that this practice poses for the
rule of law as well as well as the principles of adversarial
litigation. The book considers plea-bargaining in the USA as well
as in the civil law German justice system. The book also draws on
empirical research looking at the absence of informal settlements
in the former GDR, offering a unique insight into criminal
procedure in a socialist legal system that has been little studied.
The book then goes on to look at international criminal law and
examine the use of informal negotiations in the International
Criminal Tribunal for former Yugoslavia and the International
Criminal Tribunal for Rwanda and the possible use in future cases
of the International Criminal Court.
This book explores whether the new capabilities made possible by
precision-strike technologies are reshaping approaches to
international intervention. Since the end of the Cold War, US
technological superiority has led to a more proactive and, some
would argue, high risk approach to international military
intervention. New technologies including the capacity to mount
precision military strikes from high-level bombing campaigns and,
more recently, the selective targeting of individuals from unmanned
aerial vehicles (UAVs) have facilitated air campaigns, supported by
Special Forces, without the commitment of large numbers of troops
on the ground. Such campaigns include, for example, NATO's
high-level aerial bombardment of Milosevic's forces in Kosovo in
1999 and of Gaddafi's in Libya in 2011, and the US operation
involving Special Forces against Osama Bin Laden. The development
of UAVs and electronic data intercept technologies has further
expanded the potential scope of interventions, for example against
Islamic militants in the tribal areas of Pakistan. This volume
examines three key and interrelated dimensions of these new
precision-strike capabilities: (1) the strategic and foreign policy
drivers and consequences; (2) the legal and moral implications of
the new capabilities; and (3), the implications for decision-making
at the strategic, operational and tactical levels. This book will
be of much interest to students of war and technology, air power,
international intervention, security studies and IR.
This book explores whether the new capabilities made possible by
precision-strike technologies are reshaping approaches to
international intervention. Since the end of the Cold War, US
technological superiority has led to a more proactive and, some
would argue, high risk approach to international military
intervention. New technologies including the capacity to mount
precision military strikes from high-level bombing campaigns - and
more recently the selective targeting of individuals from unmanned
aerial vehicles (UAVs) - have facilitated air campaigns, supported
by Special Forces, without the commitment of large numbers of
troops on the ground. Such campaigns include, for example, NATO's
high-level aerial bombardment of Milosevic's forces in Kosovo in
1999 and of Gaddafi's in Libya in 2011. The development of UAVs and
electronic data intercept technologies has further expanded the
potential scope of interventions, for example against Islamic
militants in the tribal areas of Pakistan. In addition, the US has
undertaken targeted manned operations involving Special Forces
against selected targets, for example Osama Bin Laden.This volume
examines three key and interrelated dimensions of these new
precision-strike capabilities: (1) the strategic and foreign policy
drivers and consequences; (2) the legal and moral implications of
the new capabilities; and (3), the implications for decision-making
at the strategic, operational and tactical levels. This book will
be of much interest to students of war and technology, air power,
international intervention, security studies and IR.
Plea bargaining is one of the most important and most discussed
issues in modern criminal procedure law. Based on historical and
comparative legal research, the author has analysed the wide-spread
use of plea bargaining in different criminal justice systems. The
book sets out in-depth studies of consensual case dispositions in
the UK, examining how plea bargaining has developed and spread in
England and Wales. It also goes on to discusses in detail the
problems that this practise poses for the rule of law by avoiding
procedural safe-guards. The book draws on empirical research in its
examination of the absence of informal settlements in the former
GDR, offering a unique insight into criminal procedure in a
socialist legal system that has been little studied. Drawing on her
research findings, the author goes on to discuss the extent to
which plea bargaining should be developed in the International
Criminal Court in The Hague, as the question of this practise is
set to be one of the seminal debates in the development of
international criminal procedures in the new International Criminal
Court. Plea Bargaining in National and International Law will be of
particular interest to academics and students of international
criminal law, criminal procedures and comparative law.
In recent years there has been a significant growth in interest of
the so-called 'law in context' extending legal studies beyond black
letter law. This book looks at the relationship between statute law
and legal practice. It examines how law is applied in reality and
more precisely how law is perceived by the general public in
contrast to the legal profession. The authors look at a number of
themes that are central to examining ways in which myths about law
are formed, and how there is inevitably a constitutive power aspect
to this myth making. At the same time they explore to what extent
law itself creates and sustains myths. The book will be of general
interest to a number of different disciplines such as legal theory,
general law, criminology and sociology. -- .
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