Bøker av Andrew Novak

This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law.Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences - the impact of which has not been comprehensively, and critically, examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions. This is especially true in economically important industries such as gaming and resource extraction; additionally, rapidly changing areas such as marijuana regulation and sex offender registries expand the scope still further. This book catalogues restoration of rights procedures in tribal law, to include pardons, expungements, and record sealing. Collateral consequences have proliferated in tribal law because of the limitations of tribal criminal jurisdiction, including over non-tribal members. However, tribal collateral consequences risk contributing to overcriminalization and social exclusion for persons with previous criminal convictions, especially as Native Americans are already disproportionately impacted by the U.S. criminal justice system.This book will appeal to legal academics, scholars and practitioners working in tribal criminal law, as well as to others with interests in Indigenous legal issues.

This book provides a comparative constitutional analysis of executive clemency, with a focus on death penalty cases. Comparative executive clemency has never been the subject of a full-length comparative constitutional analysis, and the breadth of jurisdictions contained in this book-encompassing the entire English-speaking world-provides a full range of cultural and political variations in the level of deference given to executive decision-making.

Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.

This book provides a comparative constitutional analysis of executive clemency, with a focus on death penalty cases. Comparative executive clemency has never been the subject of a full-length comparative constitutional analysis, and the breadth of jurisdictions contained in this book¿encompassing the entire English-speaking world¿provides a full range of cultural and political variations in the level of deference given to executive decision-making.

Historically the death penalty was mandatory for the crime of murder and other violent felonies, in accordance with English common law. Over the last three decades many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors.

This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction.