Defendant Participation In The Criminal Process
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Defendant Participation In The Criminal Process
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Author : Abenaa Owusu- Bempah
language : en
Publisher: Routledge
Release Date : 2016-10-04
Defendant Participation In The Criminal Process written by Abenaa Owusu- Bempah and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.
Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
Personal Participation In Criminal Proceedings
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Author : Serena Quattrocolo
language : en
Publisher: Springer
Release Date : 2019-01-21
Personal Participation In Criminal Proceedings written by Serena Quattrocolo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-21 with Law categories.
This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Comparative Criminal Procedure
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Author : Jacqueline E. Ross
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
Comparative Criminal Procedure written by Jacqueline E. Ross and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-24 with Law categories.
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
Fitness To Plead
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Author : Ronnie Mackay
language : en
Publisher: Oxford University Press
Release Date : 2018-06-21
Fitness To Plead written by Ronnie Mackay 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 2018-06-21 with Law categories.
The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.
The Integrity Of Criminal Process
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Author : Jill Hunter
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-08-11
The Integrity Of Criminal Process written by Jill Hunter and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-11 with Law categories.
Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.
Defendants In The Criminal Process Routledge Revivals
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Author : A. E. Bottoms
language : en
Publisher: Routledge
Release Date : 2013-10-14
Defendants In The Criminal Process Routledge Revivals written by A. E. Bottoms and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-14 with Social Science categories.
First published in 1976, this book examines the practical workings of the English criminal court system, focusing on the defendant’s experiences of the system and the decisions he takes as he passes through it. Indeed, the defendant in a criminal case is in a unique position to experience the whole criminal process, from the first approaches of the investigating policeman to conviction, sentence and possible appeal. Defendants in the Criminal Process is based upon the close observation of criminal cases and on interviews with defendants. The authors raise several issues and questions to be addressed by those involved in the administration of justice, whether as court administrators, judges, magistrates or lawyers. They also discuss issues of special importance for academics and others concerned with the explanation of the court process.
Defendants And Victims In International Criminal Justice
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Author : Juan Pablo Perez-Leon-Acevedo
language : en
Publisher: Routledge
Release Date : 2020-04-29
Defendants And Victims In International Criminal Justice written by Juan Pablo Perez-Leon-Acevedo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-29 with Law categories.
This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.
The Oxford Handbook Of Criminal Process
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Author : Darryl K. Brown
language : en
Publisher: Oxford University Press
Release Date : 2019-02-22
The Oxford Handbook Of Criminal Process written by Darryl K. Brown 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 2019-02-22 with Law categories.
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
The Place Of The Explained Verdict In The English Criminal Justice System Decision Making And Criminal Trials
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Author : Bethel G. A. Erastus-Obilo
language : en
Publisher: Universal-Publishers
Release Date : 2008-10-30
The Place Of The Explained Verdict In The English Criminal Justice System Decision Making And Criminal Trials written by Bethel G. A. Erastus-Obilo and has been published by Universal-Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-30 with categories.
Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode
Vulnerability The Accused And The Criminal Justice System
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Author : Roxanna Dehaghani
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-15
Vulnerability The Accused And The Criminal Justice System written by Roxanna Dehaghani and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Law categories.
This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Drawing upon different disciplinary approaches and a range of analyses – doctrinal, theoretical and empirical – this book offers unique insights into the vulnerability and treatment of the criminal accused. In bringing together a diverse range of perspectives, the book offers key insights into the recognition of and responses to vulnerability among suspect and defendant populations in criminal justice systems across European jurisdictions. The book will be a valuable resource for academics, practitioners and policymakers interested in how vulnerable suspects and defendants are protected throughout the criminal process, and those working in the areas of law, criminology, sociology, human rights and psychology.