Proconstitutional Interpretation Of Criminal Law
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Proconstitutional Interpretation Of Criminal Law
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Author : Krzysztof Szczucki
language : en
Publisher: Lexington Books
Release Date : 2016-12-01
Proconstitutional Interpretation Of Criminal Law written by Krzysztof Szczucki and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
Underlying the research for the purposes of this book were one basic assumption: transposing legal articles to behavioral norms, suitable in given circumstances and capable of resolving a problem, in this case from the realm of criminal law is difficult. This difficulty pertains not only to citizens, who cannot avail themselves of professional tools of interpretation of legal texts, but also to practitioners and academics, arguing over the correct construction of a regulation. It may be that criminal law – all its convoluted structure, overloaded with dogmatic principles – will never be understandable for average citizens. Nonetheless, it seems to be worthwhile to seek a platform for understanding, and a model for reacting to a dynamically changing social reality with its core and less fluid values. The method of finding moral clarity in criminal law is the proconstitutional interpretation. The perception of a constitution, an observation which concerns mainly democratic states, as a source of information about values of fundamental and integrating importance to a policy, led to a method of reconciling criminal law with those values within the constitution. Approaching a constitution as a source of information about values, as a matrix within which there exists a catalog of the most important values, without the need to reach beyond the system of positive law, makes this supposition acceptable also for those practitioners and academics who prefer a systemically imminent approach. The proposed scheme allows authorities responsible for forming and enforcing the law to take into account those values that play a significant role in social life. At the same time, it continues to embrace principles of legal reasoning, a safeguard against going into considerations reaching beyond the legal system. Not only may the method espoused in the book become applicable and, at least to some extent, adopted in Poland, but in other constitutional democracies as well.
Constitutional Law For The Criminal Justice Professional
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Author : Carl J. Franklin
language : en
Publisher: Taylor & Francis
Release Date : 1999-03-16
Constitutional Law For The Criminal Justice Professional written by Carl J. Franklin and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-16 with Business & Economics categories.
Written in a simple, straightforward manner, this book will help today's criminal justice student better understand con law issues as well as the complicated development of constitutional rights and law. In its simple, easy to understand format, this book is a must for both current criminal justice professionals and students studying to enter the p
Constitutional Law In Criminal Justice
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Author : Tina M. Fielding Fryling
language : en
Publisher: Aspen Publishers
Release Date : 2014-02-24
Constitutional Law In Criminal Justice written by Tina M. Fielding Fryling and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-24 with Law categories.
Constitutional Law In Criminal Justice presents the constitutional provisions most directly related to criminal law, demonstrating their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security, and to further readers' understanding of the nature of these procedures, this book examines both the Constitution's relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Features: Accessible coverage of incorporation and the application of the Fourth, Fifth,Sixth, and Fourteenth Amendments, as well as the First and Second Amendments as they relate to crime and criminal justice. Open-ended scenarios, based on actual cases, that allow students to explore situations they will need to think through and act in every day as members of the criminal justice system working amid layers of scrutiny and changing laws and interpretation. An author, an experienced professor of constitutional law in criminal justice and practitioner in a private criminal law practice and as a public defender in the appellate division, who brings actual criminal court experience to the page. Emphasis on the practical application of constitutional law for those working in the criminal justice system, using samples of actual court and police documents, such as a warrant application and criminal complaint.
Holy Writ
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Author : Arie-Jan Kwak
language : en
Publisher: Routledge
Release Date : 2016-04-22
Holy Writ written by Arie-Jan Kwak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be 'holy', in the case of law, some, such as the American constitution, are widely held as 'sacred'. In both examples, priests and judges exert a duty to tell the community what the founding document has to say about contemporary problems. This therefore involves an element of interpretation of the relevant authoritative texts and this book focuses on such methods of interpretation in the fields of law and religion. As its starting point, scholars from different disciplines discuss the textualist approach presented here by American Supreme Court Judge and academic scholar, Justice Antonin Scalia, not only from the perspective of law but also from that of theology. The result is a lively discussion which presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.
Commentaries On The Law Of Statutory Crimes
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Author : Joel Prentiss Bishop
language : en
Publisher: Forgotten Books
Release Date : 2017-11-30
Commentaries On The Law Of Statutory Crimes written by Joel Prentiss Bishop and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
Excerpt from Commentaries on the Law of Statutory Crimes: Including the Written Laws and Their Interpretation in General, What Is Special to the Criminal Law, and the Specific Statutory Offenses as to Both Law and Procedure The volume here presented, supplementing the two vol umes entitled Criminal Law, and the two on the law of Pleading and Evidence and the Practice in Criminal Cases, called, for short, Criminal Procedure, completes a series ccv ering the whole field of American criminal law, criminal evi dence, criminal pleading, and criminal practice, both at the common law and under the statutes. In the construction of the series, and in the printing of the successive editions, there have been some changes of matter from one work to another, all duly pointed out when they occurred. As the volumes stand in the later editions, the four which precede this, while mingling in their explanations the written law with the nu written, are silent on the questions discussed in this volume. These are an exposition of the general principles of statutory interpretation, which, since they are in the main the same in criminal cases and in civil, extends necessarily into the civil department; elucidations of the principles of interpretation special to the criminal law, with their specific applications; such topics as the statute of limitations in criminal causes, pleadings upon private statutes and municipal by-laws, and some others of the like kind; and, finally, discussions of the offenses which are purely or in substance statutory, in distino tion from more statutory extensions of common-law crimes. As to the last-named particular, Book V, entitled Statutory Extensions of Common-law Offenses, might seem to occupy an exceptional position. But the statutes discussed in it are such as, while analogous to some common-law inhibitions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Constitutional Law And Criminal Justice
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Author : Cliff Roberson
language : en
Publisher: Routledge
Release Date : 2021-12-27
Constitutional Law And Criminal Justice written by Cliff Roberson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-27 with Social Science categories.
Illuminating US constitutional concepts in plain language and clarifying nuances in the law, this third edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It updates recent decisions by the Supreme Court of the United States and includes a discussion on the current makeup and policy of the Supreme Court. Learning objectives and summary outlines of recent Supreme Court decisions, combined with practical examples and selected actual court documents, enhance students’ understanding of the most important issues regarding the US Constitution and its application in the criminal justice system. The book begins with an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It moves on to a discussion of due process; the First, Fourth, Fifth, Sixth, and Eighth Amendments; and the exclusionary rule. A unique chapter addressing civil liability and the criminal justice professional is especially relevant to students in criminal justice programs. Concise and informative, this book is designed to be used in undergraduate courses in criminal justice and justice administration programs in universities and community colleges.
Encounters With Constitutional Interpretation And Legal Education
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Author : James Stellios
language : en
Publisher:
Release Date : 2018-02-19
Encounters With Constitutional Interpretation And Legal Education written by James Stellios and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-19 with Constitutional law categories.
What do constitutional interpretation and legal education have in common?For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation.For another thing, they have both been the subject of illuminating examination by Michael Coper over the course of a long and distinguished career.An extraordinary group of authors, including Justice Stephen Gageler, the Hon Michael Kirby and Sir Anthony Mason, come together in this book to celebrate Coper's achievement, and take his various contributions as a jumping off point for their own further scholarly insights.From the gripping story of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia's most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself.An intellectual feast!
Constitutional And Administrative Law In Singapore
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Author : Kevin Tan
language : en
Publisher:
Release Date : 2021
Constitutional And Administrative Law In Singapore written by Kevin Tan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Administrative law categories.
Convicting The Innocent
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Author : Edwin Montefiore Borchard
language : en
Publisher: Рипол Классик
Release Date : 1961
Convicting The Innocent written by Edwin Montefiore Borchard and has been published by Рипол Классик this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with History categories.
The Case Of Sacco And Vanzetti A Critical Analysis For Lawyers And Laymen
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Author : Felix Frankfurter
language : en
Publisher: Plunkett Lake Press
Release Date : 2023-09-10
The Case Of Sacco And Vanzetti A Critical Analysis For Lawyers And Laymen written by Felix Frankfurter and has been published by Plunkett Lake Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-10 with Law categories.
The Sacco and Vanzetti case is probably America’s most controversial court case. One of the most important studies of the case was made by Justice Felix Frankfurter when he was a professor of administrative law at Harvard. It created considerable stir when initially published in 1927. The book was praised and attacked; it was considered “thrilling,” “uncomfortable,” “lucid” and “judicious.” It was destined to become somewhat of a classic in American juridical literature. “The author... has gone through the record of the successive court proceedings, covering thousands of pages of printed matter, and on it has based this judicial résumé... he makes a survey of the case that is wonderfully compact, but complete enough to bring together all the essential developments and present them in a lucid, readable narrative.” — The New York Times “Mr. Frankfurter has very comprehensively analyzed the trial of these two condemned murderers, and a careful study compels the experienced lawyer to stand aghast at the result obtained under the absolute disregard for the rules of evidence and the conduct of a trial by a jurist who is supposed to be without prejudice or partiality.” — Edwin M. Abbott, Journal of the American Institute of Criminal Law and Criminology “[Felix Frankfurter’s] book on the Sacco-Vanzetti case is a real contribution to the cause of Free Speech; it is, moreover, a thriller... Every lawyer ought to read this slender but powerful volume.” — Morris L. Ernst, The Yale Law Journal “This small volume of barely more than a hundred pages should be read by lawyer and by layman. The reader will then know how the guaranties of justice and liberty may crumble under the destructive influence of class complacency.” — Charles Nagel, Harvard Law Review “Felix Frankfurter in his book mercilessly analyzes both the record of the trial and the affidavits summarizing the after-discovered evidence upon which a new trial was sought... None can read Frankfurter’s able brief without an inner conviction that the defendants are innocent.” — Charles I. Thompson, University of Pennsylvania Law Review and American Law Register “This compelling account will remain an important document in the history of what has become one of the outstanding cases in the annals of criminal justice... [Professor Frankfurter] deserves credit for the courage with which he undertook a task which in the community in which he lives was thankless and unpopular.” — Ernst Freund, Social Service Review “The whole account is set forth in a manner likely not only to capture but to hold the interest of the reader. Besides having been demonstrated, by the attacks upon it, to be reliable, it is no exaggeration to say that the book is really thrilling.” — E. W. Puttkammer, American Journal of Sociology