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Proportionality in Crime Control and Criminal Justice

Edited by: Emmanouil Billis, Nandor Knust, Jon Petter Rui

ISBN13: 9781509938605
Published: June 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, supranational enforcement as well as human rights and international criminal and humanitarian law.

In today's global risk society, with its numerous visible and invisible enemies of the states and the individual, balancing between freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address.

The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology, legal philosophy as well as constitutional and security law.

Subjects:
Criminal Law, International Criminal Law
Contents:
Foreword
Robert Spano
Notes on Contributors
Part I - Conceptualising Proportionality
1. The Typology of Proportionality
Emmanouil Billis, Nandor Knust and Jon Petter Rui
2. Proportionality and the Criminal Law: Proportionality of What to What?
R.A. Duff
3. Proportionality and the Bindingness of Fundamental Rights
Ralf Poscher
4. The Contribution of Fuzzy Logic and Comparative Concepts to the Rational Application of Proportionality in the Narrow Sense
Christos Mylonopoulos
5. The Emotional Component of Proportionality
Thomas Elholm
6. The Principle of Proportionality: Tracing its Historical Evolution
Nestor Courakis and Vagia Polyzoidou
Part II - Applying Proportionality: National Paradigms
7. Ends and Means: Why Effective Counter-Terrorism Requires Respect for Proportionality and Rights
Lucia Zedner
8. Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK
John Jackson
9. Big Data and Criminal Justice: Proportionality, Efficiency and Risk in a Global Context
Richard Vogler
10. Proportionality Paradigm or Paradox? The Proportionality Principle in American and German Security Law Jurisprudence
Russell A Miller
11. Effectiveness, Proportionality and the Abstract and Concrete Forms of Decriminalisation: The Example of Italy
Konstanze Jarvers
12. Promoting Proportionality Through Sentencing Guidelines
Julian V Roberts
13. Proportionality and Asset Confiscation Proceedings
Johan Boucht
Part III - Applying Proportionality: International Paradigms
14. The Proportionality Principle in Comparative Public, European Union and International Law-Reflections on the 'Proportionality Equation'
Michael Bothe and Emanuela-Chiara Gillard
15. Proportionality and Efficiency in Sentencing under International Criminal Law
Thomas Weigend
16. Proportionality, Mass Surveillance and Criminal Investigation: The Strasbourg Court Facing Big Brother
Lorena Bachmaier Winter
17. Proportionality Issues in European Arrest Warrant Proceedings-Three Stories from the Field
Ilias Anagnostopoulos
Bibliography
Index