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Appeal Of Acquittals In Criminal Cases


Appeal Of Acquittals In Criminal Cases
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Appeal Of Acquittals In Criminal Cases


Appeal Of Acquittals In Criminal Cases
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Author : Nicole Atwill
language : en
Publisher:
Release Date : 2006

Appeal Of Acquittals In Criminal Cases written by Nicole Atwill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Acquittals categories.




Report To The Attorney General On Double Jeopardy And Government Appeals Of Acquittals


Report To The Attorney General On Double Jeopardy And Government Appeals Of Acquittals
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Author : United States. Dept. of Justice. Office of Legal Policy
language : en
Publisher:
Release Date : 1987

Report To The Attorney General On Double Jeopardy And Government Appeals Of Acquittals written by United States. Dept. of Justice. Office of Legal Policy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Acquittals categories.




Reasons To Doubt


Reasons To Doubt
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Author : Carolyn Hoyle
language : en
Publisher: Oxford University Press
Release Date : 2019-01-10

Reasons To Doubt written by Carolyn Hoyle and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-10 with Law categories.


This book reveals what happens to applications for post-conviction review when those in England, Wales, and Northern Ireland who believe they are wrongfully convicted apply to the Criminal Cases Review Commission, the only body that can refer a case back to the Court of Appeal once appellants opportunities for direct appeal are exhausted. While the Court is obliged to hear all such referrals, the Commission can only refer a case where it believes there is a real possibility that the Court will quash the conviction. The first empirical study of all stages of decision-making within the Commission, this book starts from the premise that the test applied by the Commission (the real possibility test) is not inflexible. Though created by statute and refined through case law, it must be determined on a case-by-case basis, drawing too on cultural and structural variables, alongside fresh evidence gathered by the Commission. Through in-depth analysis of case files and interviews, Hoyle and Sato scrutinize the Commissions operational practices, its working rules and assumptions, considering how these influence its understanding of the real possibility test. Situating their rich empirical data within a framework of the Commissions social, organizational, and legal contexts, this book demonstrates that in its open-ended investigations there is considerable scope for discretion; for thorough exploration of all possible avenues or for choosing a more superficial consideration of a case. It emerges that while structured internal guidance, drawing heavily on Court jurisprudence, shapes decision-making, creating consistency in approach, there remains some variability across cases, over time, that can be accounted for by the different professional backgrounds and personalities of Commission staff.



Fairness In Criminal Appeal


Fairness In Criminal Appeal
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Author : Helena Morão
language : en
Publisher: Springer Nature
Release Date : 2023-02-10

Fairness In Criminal Appeal written by Helena Morão and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-10 with Law categories.


This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.



Directed Verdicts Of Acquittal


Directed Verdicts Of Acquittal
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Author : New South Wales. Law Reform Commission
language : en
Publisher:
Release Date : 1995

Directed Verdicts Of Acquittal written by New South Wales. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Acquittals categories.




Court Of Appeal Criminal Division


Court Of Appeal Criminal Division
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Author : Susan Holdham
language : en
Publisher: Sweet & Maxwell
Release Date : 2012

Court Of Appeal Criminal Division written by Susan Holdham and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.


Presents commentary on, and analysis of, the European Union and its substantive law. This book covers the constitutional structure of the EU, examining the functioning of the institutions, the jurisdiction of the European Court of Justice, and the nature of the European legal order. It serves as a reference work for legal practitioners.



New Trials In Criminal Cases


New Trials In Criminal Cases
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Author : William Ribton
language : en
Publisher:
Release Date : 1853

New Trials In Criminal Cases written by William Ribton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1853 with Criminal law categories.




Review Of Convictions After Jury Trials


Review Of Convictions After Jury Trials
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Author : Bron McKillop
language : en
Publisher:
Release Date : 2006

Review Of Convictions After Jury Trials written by Bron McKillop and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.


The French have recently created a jury court of appeal (cour d'assises d'appel) for appeals from the jury trial court (cour d'assises) which latter, transplanted from the British after the Revolution, judges serious criminal cases. A convicted accused has now a right to a new trial before another jury court. This article looks at why and how this new court came to be added to the French criminal justice system. It notes that that system, essentially operated by legal professionals (judges and prosecutors), has now opted for an increased role for lay persons in the disposition of serious criminal cases. It also notes that despite the second chance offered those convicted by the cour d'assises there has so far been a low level of appeals (about 10 per cent of convictions), partly explicable perhaps by a rate of re-conviction no lower than in the cour d'assises - 95 per cent.The article then considers by way of contrast how the United Kingdom and Australia have dealt with appeals from convictions by juries, noting that convictions by the well entrenched and highly regarded criminal juries in those jurisdictions may be overridden by courts of criminal appeal on very broad criteria (unsafe conviction, miscarriage of justice) which ultimately allow a subjective judicial reaction to the guilt of the accused. It may be seen as ironic that the French have extended the use of the jury in giving an accused a second chance while the British and Australians have allowed a degree of judicial second guessing over jury verdicts. The article also looks at alternative revision procedures for alleged miscarriages of justice in serious criminal cases in France, the United Kingdom and Australia.



Model Criminal Code


Model Criminal Code
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Author : Australia. Model Criminal Code Officers Committee
language : en
Publisher:
Release Date : 2003

Model Criminal Code written by Australia. Model Criminal Code Officers Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Acquittals categories.


"This discussion paper deals with the law on double jeopardy. The rule against double jeopardy prevents a person who has been acquitted or convicted of an offence from being tried again for an offence relating to the same conduct or event. The rules which govern this area of law are technical and complex, and will not be the main focus of this paper. This paper will focus instead on the principles which guide and reinforce the application of the law on double jeopardy in relation to acquittals and subsequent prosecutions. The views expressed by the Committee are reflected in the draft model provisions that accompany this paper." -- p. ii.



Justification Defenses And Just Convictions


Justification Defenses And Just Convictions
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Author : Robert F. Schopp
language : en
Publisher: Cambridge University Press
Release Date : 1998-01-13

Justification Defenses And Just Convictions written by Robert F. Schopp and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-13 with Law categories.


This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.