Criminal Procedure and Human Rights

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‘Paedophile Hunters’, Criminal Procedure and Fundamental Human Rights

‘Paedophile Hunters’, Criminal Procedure and Fundamental Human Rights

Thus, it is argued, the publication of videos may have a general deterrent effect on would-be child sex offenders, and consequently safeguard children from degrading or even violent sexual abuse. It is perfectly legitimate for concerned citizens to safeguard the rights of children within the parameters of the law and, as we have seen, the dissemination of footage of confrontations is (typically) perfectly legal. It seems understandable, then, that some groups have attracted popular support for their efforts to deter future offending by stigmatizing targets. However, none of this makes the practice of disseminating footage of stings desirable or proportionate. First, the notion that disseminating footage of confrontations will reduce crime is asserted without empirical evidence of this deterrent effect. Although this idea – that more severe stigmatization administered through this quasi-punishment will have a deterrent effect – might be intuitively appealing to some, deterrence research suggests that increasing the severity of punishments in this way is unlikely to have any significant effect on crime rates. 127 There is some evidence to suggest that a perceived high risk of detection on the part of the potential offender may have a deterrent effect for certain categories of offenders in favourable conditions, 128 and, in publicizing their stings so widely, paedophile hunters could conceivably increase the general perception among potential offenders that they are at a high risk of getting caught. However, it is not clear that child sex offenders – who often lack empathy, act impulsively, and display anti-social personality traits – make good candidates for this form of deterrence. 129 Any measure of
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The right to a fair trial under Saudi Law of Criminal Procedure: a human rights critique

The right to a fair trial under Saudi Law of Criminal Procedure: a human rights critique

Furthermore, there is also the argument that, from a culture relativism point of view, the concept of right or wrong may not be apparent in certain cultures; therefore, it may then not be possible to impose the universalism of human rights. 3 Practically, however, identifying a culture that would go against more basic personal rights—such as the right to life, the right to security, the right of liberty, the right not to be tortured, and the right to legal procedure—would be problematic; however, disagreement and dispute arise as a result of the definitions assigned to the application of such rights. 4 Essentially, the between-culture differences in this context stem from the specifics and the ways in which such rights can be implemented. For example, the right to provide a fair trial may be a universally agreed upon concept; however, in reality, there needs to be the institutional exercise of such a right. Issues arise not only due to the stark lack of application, but also due to the legislation of such types of human rights. In order to establish a point to this dispute, the author considers that there should be agreement with international rights norms being viewed as universal with a margin of appreciation according to custom and/or culture; in other words, human rights specifically have been highlighted in regard to the UDHR, and thus the two other main tools need to ensure the adherence to and the respect of cultural relativism.
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In defence of defence rights : the need for common rules of criminal procedure in the European Union

In defence of defence rights : the need for common rules of criminal procedure in the European Union

Directives that reinforce defence rights echo the EU policy objective of creating an area of freedom, security and justice, set out in the TEU. 167 Article 2 of the TEU makes the intrinsic link between freedom, security and justice and the free movement of persons explicit and highlights that the fight against crime should not be at the expense of the free movement of persons. For that freedom to be exercised, EU citizens must be able to rely on the criminal justice systems of all Member States. Similarly, the smooth functioning of cooperation in the area of criminal law to curb cross-border crime requires that authorities in Member States trust that the criminal justice systems of other Member States treat all persons fairly, in accordance with contemporary human rights standards. Common minimum rules of criminal procedure on the right of access to legal counsel and legal aid at the EU level has potential to increase both respect for defence rights and confidence in the criminal justice systems of Member States across Europe. This will, in turn, foster a climate of mutual trust and enhance efficient judicial cooperation. Legal aid in particular has broad benefits for the functioning of a criminal justice systems as meaningful legal assistance may ‘reduce the length of time suspects are held in police stations and detention centres’ as well as the ‘prison population, wrongful convictions, prison overcrowding and congestion in courts’. 168
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Criminal Law and Procedure

Criminal Law and Procedure

Criminal Law and Procedure SMU Law Review Volume 22 Issue 1 Annual Survey of Texas Law Article 18 1968 Criminal Law and Procedure Walter W Steele Jr Follow this and additional works at https //scholar[.]

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Criminal Procedure: Pretrial

Criminal Procedure: Pretrial

Criminal Procedure Pretrial SMU Law Review Volume 44 Issue 1 Annual Survey of Texas Law Article 20 1990 Criminal Procedure Pretrial Robert Udashen Follow this and additional works at https //scholar s[.]

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Criminal Procedure in Perspective

Criminal Procedure in Perspective

Given the Court's emphasis on deterrence in its Fourth Amendment rulings, its choice to focus on the perspective of the defendant rather than the police officer in this context may seem [r]

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Criminal Law and Procedure

Criminal Law and Procedure

Criminal Law and Procedure SMU Law Review Volume 21 Issue 1 Annual Survey of Texas Law Article 18 1967 Criminal Law and Procedure Saul W Baernstein Follow this and additional works at https //scholar[.]

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Anti-Impunity and the Turn to Criminal Law in Human Rights

Anti-Impunity and the Turn to Criminal Law in Human Rights

not arise as an issue before the court. In 1998, for example, in Loayza-Tamayo, the court responded to Peru’s invocation of its amnesty law to defend against a claim that it had failed to investigate an alleged arbitrary detention, thus arguably offering the court a chance to rule on whether Peru’s amnesty law violated the Convention. Loayza-Tamayo v. Peru, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 42, ¶¶ 1–2 (Nov. 27, 1998). Even while rejecting Peru’s defense, the majority of the court declined to rule on the legality of the amnesty. See id. ¶ 49. In concurrence, however, two judges went further, stating that “so-called self-proclaimed amnesties pertaining to violations of human rights” are incompatible with Article 1(1) and Article 2 of the Convention. Id. ¶¶ 1–4 (Can¸cado Trindade, J. and Abreu-Burelli, J., jointly concurring). Judge Sergio Garc´ıa-Ra- m´ırez, in contrast, adopted his concurrence in a separate case, stating “the Court’s judg- ment does not dismiss the advisability and need of amnesty provisions that serve to restore peace.” Id. (Garc´ıa-Ram´ırez, J., concurring) (adopting his concurrence in Castillo-P´aez v. Peru, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 43, ¶ 6–12 (Nov. 27, 1998)). Discussing contemporaneous debates about amnesty within the human rights movement, he argued that although impunity should be limited, democratically enacted amnesties that do not preclude prosecution for grievous human rights violations remain admissible under international law. Id.
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Assessing International Criminal Adjudication of Human Rights Atrocities

Assessing International Criminal Adjudication of Human Rights Atrocities

Antonio Cassese, the first President of the Yugoslavia Tribunal, has written that in international criminal trials, "a fully reliable record is established of atroci[r]

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Criminal Procedure: Pretrial

Criminal Procedure: Pretrial

Criminal Procedure Pretrial SMU Law Review Volume 45 Issue 1 Annual Survey of Texas Law Article 12 1991 Criminal Procedure Pretrial Robert N Udashen Follow this and additional works at https //scholar[.]

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Criminal Procedure: Pretrial

Criminal Procedure: Pretrial

Criminal Procedure Pretrial SMU Law Review Volume 43 Issue 1 Annual Survey of Texas Law Article 20 1989 Criminal Procedure Pretrial Robert Udashen Follow this and additional works at https //scholar s[.]

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Criminal Law and Procedure

Criminal Law and Procedure

Criminal Law and Procedure SMU Law Review Volume 23 Issue 1 Annual Survey of Texas Law Article 17 1969 Criminal Law and Procedure Emmett Jr Colvin Follow this and additional works at https //scholar s[.]

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Criminal Procedure: Pretrial

Criminal Procedure: Pretrial

Criminal Procedure Pretrial SMU Law Review Volume 42 Issue 1 Annual Survey of Texas Law Article 20 1988 Criminal Procedure Pretrial Robert Udashen Follow this and additional works at https //scholar s[.]

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Criminal Procedure: Pretrial

Criminal Procedure: Pretrial

Criminal Procedure Pretrial SMU Law Review Volume 41 Issue 1 Annual Survey of Texas Law Article 19 1987 Criminal Procedure Pretrial Robert Udashen Follow this and additional works at https //scholar s[.]

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Criminal Procedure: Pretrial

Criminal Procedure: Pretrial

Criminal Procedure Pretrial SMU Law Review Volume 40 Issue 1 Annual Survey of Texas Law Article 20 1986 Criminal Procedure Pretrial Ed Kinkeade Follow this and additional works at https //scholar smu[.]

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Criminal Procedure: Pretrial

Criminal Procedure: Pretrial

Criminal Procedure Pretrial SMU Law Review Volume 39 Issue 1 Annual Survey of Texas Law Article 20 1985 Criminal Procedure Pretrial Ed Kinkeade Follow this and additional works at https //scholar smu[.]

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Criminal Law and Procedure

Criminal Law and Procedure

Criminal Law and Procedure SMU Law Review Volume 31 Issue 1 Annual Survey of Texas Law Article 15 1977 Criminal Law and Procedure Vincent W Perini Follow this and additional works at https //scholar s[.]

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Criminal Law and Procedure

Criminal Law and Procedure

Criminal Law and Procedure SMU Law Review Volume 29 Issue 1 Annual Survey of Texas Law Article 14 1975 Criminal Law and Procedure Charles P Bubany Follow this and additional works at https //scholar s[.]

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Criminal Law and Procedure

Criminal Law and Procedure

Criminal Law and Procedure SMU Law Review Volume 28 Issue 1 Annual Survey of Texas Law Article 12 1974 Criminal Law and Procedure Robert P Davidow Follow this and additional works at https //scholar s[.]

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Criminal Law and Procedure

Criminal Law and Procedure

Criminal Law and Procedure SMU Law Review Volume 27 Issue 1 Annual Survey of Texas Law Article 16 1973 Criminal Law and Procedure Luther E Jones Jr Follow this and additional works at https //scholar[.]

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