The Criminal Trial In Law And Discourse
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The Criminal Trial In Law And Discourse
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Author : T. Kirchengast
language : en
Publisher: Springer
Release Date : 2010-10-13
The Criminal Trial In Law And Discourse written by T. Kirchengast and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-13 with Social Science categories.
This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.
Victims And The Criminal Trial
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Author : Tyrone Kirchengast
language : en
Publisher: Springer
Release Date : 2016-08-10
Victims And The Criminal Trial written by Tyrone Kirchengast and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-10 with Social Science categories.
This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.
The Language Of Jury Trial
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Author : C. Heffer
language : en
Publisher: Springer
Release Date : 2005-11-01
The Language Of Jury Trial written by C. Heffer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-01 with Language Arts & Disciplines categories.
Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.
Polish Vs American Courtroom Discourse
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Author : G. Bednarek
language : en
Publisher: Springer
Release Date : 2014-07-29
Polish Vs American Courtroom Discourse written by G. Bednarek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-29 with Language Arts & Disciplines categories.
Polish vs. American Courtroom Discourse brings together the fields of discourse analysis and socio-legal studies to identify, illustrate and explain the cross-cultural similarities and disparities between the inquisitorial and adversarial procedures of witness examination in criminal trials.
Victims Of International Crimes An Interdisciplinary Discourse
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Author : Thorsten Bonacker
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-07-09
Victims Of International Crimes An Interdisciplinary Discourse written by Thorsten Bonacker 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 2013-07-09 with Law categories.
In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.
International Criminal Procedure
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Author : Göran Sluiter
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
International Criminal Procedure written by Göran Sluiter and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
The Trial On Trial Volume 1
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Author : R A Duff
language : en
Publisher: Hart Publishing
Release Date : 2004-12-31
The Trial On Trial Volume 1 written by R A Duff and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-12-31 with Law categories.
This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.
A Pragmatic Analysis Of Legal Proofs Of Criminal Intent
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Author : Sol Azuelos-Atias
language : en
Publisher: John Benjamins Publishing
Release Date : 2007
A Pragmatic Analysis Of Legal Proofs Of Criminal Intent written by Sol Azuelos-Atias and has been published by John Benjamins Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Language Arts & Disciplines categories.
A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant's intention. There can be no doubt that this subject is worthy of a thorough investigation. A person's intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly either by evidence or by witnesses' testimonies. The defendant's intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.
The Public In Law
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Author : Gregor Clunie
language : en
Publisher: Routledge
Release Date : 2016-02-24
The Public In Law written by Gregor Clunie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Law categories.
Bringing together established academics and new researchers, the chapters in this collection interrogate the operation of 'the public' in a range of different legal, illegal and alegal spaces. The key question which frames the contributions is whether and in what manner 'the public' operates as an interface between law and society, allowing the interests and opinions of the population at large to be represented and reflected in legal discourse, such that collectively generated imperatives may be imposed upon political and economic actors. Multi-disciplinary in its approach, the volume reflects an understanding that there is more to the role of 'the public' in relation to law than the conventional demarcation of the field of 'public law' and that this relationship is open to comment from a wide range of actors.
The Opening Statement Of The Prosecution In International Criminal Trials
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Author : Sofia Stolk
language : en
Publisher: Routledge
Release Date : 2021-04-19
The Opening Statement Of The Prosecution In International Criminal Trials written by Sofia Stolk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-19 with Law categories.
This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.