News
Prof Jacqueline Hodgson: European Arrest Warrant has problems, but pulling out isnt the answer
As MPs prepare to vote on whether the UK should opt in to a range of EU legal measures, including the European Arrest Warrant, Professor Jacqueline Hodgson, from the School of Law at the University of Warwick, commented: "Having provided expert evidence in European Arrest Warrant (EAW) cases, as well as conducting comparative empirical studies into the criminal justice processes of various European countries, there are clearly some problems with the procedure.
“Issuing a EAW effectively activates the police and courts of another jurisdiction, so it is also important that this is not done lightly and that proper protections are in place: extradition must only be for the purpose of prosecution or sentence and not simply for investigation; the procedure should not be abused for minor offences; and suspects must be assured of the same legal protections and fair trial rights wherever they are prosecuted and tried.
“These issues will not be resolved by the UK pulling out of the EAW procedure - they are better resolved at EU level so that extradition works better for UK citizens extradited abroad, and for the UK authorities requiring the extradition of individuals for trial in this jurisdiction.
“Without the EAW, extradition is slower and more complex and it will be more difficult to prosecute individuals for cross-border crime. This is also the view of senior British police officers working with Europol.”
Public Lecture - The Future of International Criminal Justice (Judge Howard Morrison)
Last week, we were incredibly privileged to have one of the most influential people in international criminal law at the moment, Judge Howard Morrison CBE QC, not only give a public lecture on 'The Future of International Criminal Justice' but also generously partake in a question and answer session with this year's International Criminal Law students.
A lot of the discussions were based around future developments such as environmental crimes being labelled as crimes against humanity, transnational corporations becoming accountable under the jurisdiction of the ICC, and the potential of tribunals being established in areas such as Israel and Syria. However, what was abundantly clear throughout was that despite the potential for many changes for the ICC and international criminal justice in the future, Judge Morrison's unwavering devotion to the rule of law, the principle of no impunity and the fundamental necessity of adhering to the fair trial procedure shall always remain intact.
His lasting message was that while the ICC cannot solve the world's problems, it should at the very least make sure that what it can do must be done properly, without pandering to power politics or convenience. That is what true international criminal justice should constitute, whether in the past, present, or future.
If you have missed it, a recording of his public lecture is available at: https://lecturecapture.warwick.ac.uk/ess/echo/presentation/0eeab87c-d7e1-40d4-aa9c-f2c430993823
Comparative Sentencing Policies and Practices
Jackie Hodgson and Laurène Soubise presented a draft paper 'Understanding the Sentencing Process in France' at a three-day workshop on comparative sentencing in Bologna, Italy, in October 2014.
This forms part of a major comparative project on sentencing laws and practices initiated and coordinated by Michael Tonry from the University of Minnesota which aims to describe current sentencing laws, practices, and punishment patterns, as well as explain major changes in sentencing since 1990.
Other speakers included Arie Freiberg (Monash University), Julian Roberts and Andrew Ashworth (University of Oxford), Thomas Weigend (Cologne University), Dirk Van Zyl Smit (University of Nottingham) and Clare Ballard (University of the Western Cape), Anthony Doob (University of Toronto) and Cheryl Webster (University of Ottawa), Sonja Snacken and Veerle Scheirs (Vrije University Brussel), Krzystof Krajewski (Jagiellonian University) and Tapio Lappi-Seppälä (National Research Institute of Legal Policy Helsinki, Finland).
New Publication: 3rd edition of Crime, Reason and History
Alan Norrie, Crime, Reason and History: A Critical Introduction to Criminal Law, 3rd edition, published by Cambridge University Press.
Many books seek to explain the general principles of the criminal law. Crime, Reason and History stands out and alone as a book that critically and concisely analyses these principles and comes up with a different viewpoint: that the law is shaped by social history and therefore systematically structured around conflicting elements. Updated extensively to include two new chapters on loss of control and self defence and with an extended treatment of offence and defence, this new edition combines challenging and sophisticated analysis with accessibility.
- Proposes a different understanding of criminal law, which provides students with an alternative critical account that they can compare with other more orthodox texts
- Provides a broader, contextual treatment that sees the law as evolving in particular social conditions
- Challenges the basic assumption that the general principles of the criminal law are to be understood as consistent and coherent and encourages students to think beyond them
Job Vacancy - Research Fellow
The Criminal Justice Centre (together with the Centre for Operational Police Research) is advertising for a post-doctoral research fellow.
More detail on the role and on the required qualifications and experience can be found at: https://atsv7.wcn.co.uk/search_engine/jobs.cgi?owner=5062452&ownertype=fair&jcode=1439362&vt_template=1457&adminview=1
and at http://www.jobs.ac.uk/job/AJS343/research-fellow-criminal-justice-75247-094/
Please forward this information to your contacts and anyone you think might be interested.