The Failure Of The Criminal Procedure Revolution
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The Failure Of The Criminal Procedure Revolution
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Author : Craig M. Bradley
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-11-11
The Failure Of The Criminal Procedure Revolution written by Craig M. Bradley and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-11 with Social Science categories.
In a series of landmark decisions in the early 1960s, the United States Supreme Court revolutionized police procedures by imposing stricter requirements, such as search warrants, Miranda warnings, and the exclusion of improperly obtained evidence from trial. Today, these innovations remain largely intact and form the basis of current American criminal procedure law, even in the face of considerable criticism and an increasing conservative domination of the Court. But despite the survival of the Warren Court doctrine, everyone involved in the system--police, prosecutors, crime victims, academic commentators, and judges, including the Supreme Court Justices themselves—regard the current body of Supreme Court law in this area as a failure. In The Failure of the Criminal Procedure Revolution, Craig M. Bradley persuasively argues that no shift in ideology, no commitment of resources, and no refinement of Supreme Court jurisprudence would resolve the inadequacies of the current system. These problems arose from a constitutional system that has allowed the United States to develop its rules of criminal procedure on a piecemeal, case-by-case basis, rather than through a unified code of criminal procedure, as other countries have done. Only the United States expects its police to follow a set of rules so cumbersome, and so complex, that one area of criminal procedure alone—search and seizure—requires a four-volume treatise to explicate. Bradley proposes that the United States should, in keeping with the international trend, regulate police procedures through a comprehensive and nationally applicable code. He examines why the present system is a failure and how other countries have developed their criminal procedure law. He further argues that a national code would be constitutional and outlines what its features should be, how it would function, and what alternative approaches are possible and practicable. The Failure of the Criminal Procedure Revolution is a groundbreaking effort to advocate systematic and essential reform in America's court system. It will be of compelling interest to students and scholars in law, political science, and criminology.
The Collapse Of American Criminal Justice
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Author : William J. Stuntz
language : en
Publisher: Harvard University Press
Release Date : 2011-09-30
The Collapse Of American Criminal Justice written by William J. Stuntz 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 2011-09-30 with History categories.
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
Improperly Obtained Evidence In Anglo American And Continental Law
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Author : Dimitrios Giannoulopoulos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-02-21
Improperly Obtained Evidence In Anglo American And Continental Law written by Dimitrios Giannoulopoulos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-21 with Law categories.
This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.
Manitoba Law Journal Criminal Law Edition Robson Crim 2020 Volume 43 3
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Author :
language : en
Publisher: Manitoba Law Journal
Release Date :
Manitoba Law Journal Criminal Law Edition Robson Crim 2020 Volume 43 3 written by and has been published by Manitoba Law Journal this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With over 30 academic peer collaborators at Canada's top law schools, Robson Crim is bringing leading criminal law research and writing to the reader. We also annually publish a special edition criminal law volume of the Manitoba Law Journal, providing a chance for authors to enter the peer reviewed fray. The Journal has ranked in the top 0.1 percent on Academia.edu and is widely used. This issue has articles from a variety of contributing authors.
Rethinking Criminal Law Theory
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Author : Francois Tanguay-Renaud
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-01-10
Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-10 with Law categories.
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
The Georgetown Law Journal Annual Review Of Criminal Procedure
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Author :
language : en
Publisher:
Release Date : 2005
The Georgetown Law Journal Annual Review Of Criminal Procedure written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Criminal procedure categories.
A World View Of Criminal Justice
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Author : Richard Vogler
language : en
Publisher: Routledge
Release Date : 2017-03-02
A World View Of Criminal Justice written by Richard Vogler and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.
The Rehnquist Legacy
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Author : Craig Bradley
language : en
Publisher: Cambridge University Press
Release Date : 2006
The Rehnquist Legacy written by Craig Bradley 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 2006 with Biography & Autobiography categories.
This book is a legal biography of William Rehnquist of the U. S. Supreme Court.
The Cultural Revolution On Trial
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Author : Alexander C. Cook
language : en
Publisher: Cambridge University Press
Release Date : 2016-11-07
The Cultural Revolution On Trial written by Alexander C. Cook 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 2016-11-07 with Biography & Autobiography categories.
Introduction -- Indictment -- Monsters -- Testimony -- Emotions -- Verdict -- Vanity -- Conclusion -- Index of Chinese terms
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.