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Executive Clemency: Comparative and Empirical Perspectives

Pascoe, Daniel ; Novak, Andrew Pascoe, Daniel ; Novak, Andrew

Oxford: Routledge 2021

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Título:
Executive Clemency: Comparative and Empirical Perspectives
Autor: Pascoe, Daniel ; Novak, Andrew
Pascoe, Daniel ; Novak, Andrew
Assuntos: Amnesty ; Capital Punishment ; Clemency ; clemency laws ; Comparative Constitutional Law ; Comparative Criminal Justice ; Comparative law ; Criminal Law & Practice ; Criminology - Law ; Criminology and Criminal Justice ; Death Penalty ; decision-making ; doctrinal legal analysis ; Empirical Legal Research ; Executive Clemency ; Executive power ; Governance - Politics & International Relations ; Human Rights ; Human Rights Law & Civil Liberties ; International Criminal Law ; International Law ; International Law - Law ; Mercy ; Pardon ; Political Philosophy ; Prerogative of Mercy ; Public International Law ; Punishment and Penalty ; Reprieve ; Sentencing and Punishment
Descrição: Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. Executive Clemency: Comparative and Empirical Perspectives builds on existing academic scholarship and expands the limited geographical scope of previous studies on clemency. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
Títulos relacionados: Routledge Research in Human Rights Law
Editor: Oxford: Routledge
Data de criação/publicação: 2021
Formato: 22
Idioma: Inglês

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Executive Clemency: Comparative and Empirical Perspectives

Pascoe, Daniel ; Novak, Andrew Pascoe, Daniel ; Novak, Andrew

Oxford: Routledge 2021

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