Adversarial Justice
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Adversarial Justice
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Author : Theodore L. Kubicek
language : en
Publisher: Algora Publishing
Release Date : 2006
Adversarial Justice written by Theodore L. Kubicek and has been published by Algora Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Readings On Adversarial Justice
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Author : Stephan Landsman
language : en
Publisher: West Academic Publishing
Release Date : 1988
Readings On Adversarial Justice written by Stephan Landsman and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
Includes such presentations as: Introduction to Adversary System; Other Views of Adversary System; The Trial Judge: The Limits of Neutrality and Passivity; Place of the Jury in Adversarial Adjudication; and Lawyers: Their Usefulness, Zeal, and Candor.
Adversarial Versus Inquisitorial Justice
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Author : Peter J. van Koppen
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Adversarial Versus Inquisitorial Justice written by Peter J. van Koppen and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Psychology categories.
This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Beyond The Adversarial System
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Author : Helen Stacy
language : en
Publisher: Federation Press
Release Date : 1999
Beyond The Adversarial System written by Helen Stacy and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to 'ordinary people' as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation - adversarialism. This volume confronts this folklore. It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider's view of Australian adversarialism from those with knowledge of a sister system in the United States.
Hearing The Victim
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Author : Anthony Bottoms
language : en
Publisher: Routledge
Release Date : 2010-03-01
Hearing The Victim written by Anthony Bottoms and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-01 with Social Science categories.
In recent years far more attention has been paid to victims of crime both in terms of awareness of the effect of crime upon their lives, and in changes that have been made to the criminal justice system to improve their rights and treatment. This process seems set to continue, with legislative plans announced to rebalance the criminal justice system in favour of the victim. This latest book in the Cambridge Criminal Justice Series brings together leading authorities in the field to review the role of the victim in the criminal justice system in the context of these developments.
Special Advocates In The Adversarial System
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Author : John Jackson
language : en
Publisher: Routledge
Release Date : 2019-07-24
Special Advocates In The Adversarial System written by John Jackson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-24 with Law categories.
The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.
Adversarial Justice And Victims Rights
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Author : Mary Iliadis
language : en
Publisher: Routledge
Release Date : 2020-04-30
Adversarial Justice And Victims Rights written by Mary Iliadis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Social Science categories.
Adversarial Justice and Victims’ Rights explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims’ procedural and substantive justice concerns. The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, the book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims’ experiences of the legal process. Reconceptualising the role of sexual assault victims from ‘witnesses’ to ‘participants’ will also increase the likelihood that victims’ rights and interests will be considered alongside those of the state and the accused. Situating its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems, the book outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims’ Rights will be of great interest to academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as students researching sexual violence and victims’ access to justice.
Adversarial Legalism
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Author : Robert A. KAGAN
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Adversarial Legalism written by Robert A. KAGAN and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Non Adversarial Justice
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Author : Michael Sandford King
language : en
Publisher:
Release Date : 2014
Non Adversarial Justice written by Michael Sandford King and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Dispute resolution (Law) categories.
This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United KingdomIt examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.It identifies the common themes, values and principles that bring these disparate theories and practices together and explicates them for practitioners, courts and students. It examines the implications of these changes for legal practice, the courts and legal education.This second edition discusses recent developments in non-adversarial justice that have seen the expansion of therapeutic jurisprudence into new areas of the law and changes in judicial practices, the expanding use of restorative justice and the waxing and waning of problem-oriented courts across Australia. It provides up-to-date information about the increasing number of evaluations of non-adversarial programs and the changing nature of legal and professional education in the light of these new theories and practices.
Evidence And The Adversarial Process
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Author : Jenny Mcewan
language : en
Publisher: Wiley-Blackwell
Release Date : 1992-08-03
Evidence And The Adversarial Process written by Jenny Mcewan and has been published by Wiley-Blackwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-08-03 with Adversary system (Law) categories.
Evidence and the Adversarial Process d, an important new text, reflects the latest views and research on evidence and the adversarial process, and identifies new directions and procedures which are bringing the English trial closer to the continental model. The book both reviews the modern law and challenges traditional assumptions; the theory of the trial is measured against the reality.