The Judicial Role In Criminal Proceedings
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Reform And Development Of Powers And Functions Of China S Criminal Proceedings
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Author : Weidong Chen
language : en
Publisher: Springer Nature
Release Date : 2020-10-15
Reform And Development Of Powers And Functions Of China S Criminal Proceedings written by Weidong Chen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-15 with Law categories.
This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.
Obstacles To Fairness In Criminal Proceedings
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Author : John D Jackson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-22
Obstacles To Fairness In Criminal Proceedings written by John D Jackson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-22 with Law categories.
This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.
The Evolving Role Of The Public Prosecutor
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Author : Victoria Colvin
language : en
Publisher: Routledge
Release Date : 2018-09-24
The Evolving Role Of The Public Prosecutor written by Victoria Colvin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-24 with Social Science categories.
The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.
The Magistrates Court
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Author : Bryan Gibson
language : en
Publisher: Waterside Press
Release Date : 2009-05-18
The Magistrates Court written by Bryan Gibson and has been published by Waterside Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-18 with Law categories.
A simple speedy summary, this fully revised Fifth Edition takes account of the wide scale changes which have affected the work of Justices of the Peace and their courts in recent years. A unique handbook - Consistently rated excellent by reviewers - Especially useful for newcomers to the topic A most useful introduction that can be used alongside other training materials or as an ideal self-study guide. Also includes a Timeline and an extensive Glossary of Words, Phrases, Acronyms and Abbreviations - the language of the system - which will be of particular use to people wishing to quickly get to grips with the terminology of the magistrates courts. * Topics covered include: * the history of the magistracy and its robust heritage * the modern-day magistrates' court * recent changes in administration and powers * how people become JPs * their training, development, mentoring and appraisal * fundamental principals and tenets * the key relationship between JPs and their legal advisers * trial in the magistrates' court * summary justice, crime and anti-social behaviour * sentencing and connected items * guidelines, advice and judicial oversight * important rules and procedures * diversity, equality, fairness and human rights * relationship to the Crown Court (and other courts) * magistrates and district judges * reasoned decision-making * location within the wider Criminal Justice System * the role of the Ministry of Justice * the role of HM Court Service * adult courts, youth courts and family courts * road traffic and other 'specialist' areas * civil and 'non-police' matters * a range of 'everyday topics' * sample procedures * open justice, media reporting and public confidence * key committees, liaison arrangements and membership bodies * a wealth of further detail (but all 'uncluttered' by technical data). * Bryan Gibson is editor-in-chief, Waterside Press. He is a barrister, former co-editor of Justice of the Peace and a regular contributor to specialist journals. He was for 25 years a justices clerk and during much of that time an elected member of the Council of the Justices Clerks Society (and chair of its Criminal Law Committee). He is co-author (with Paul Cavadino) of The Criminal Justice System, author of The New Ministry of Justice, The New Home Office, and The Pocket A-Z of Criminal Justice (amongst many others). He has also written for The Guardian, The Stage and numerous journals including Justice of the Peace, The Independent Monitor, and Prison Journal. Mike Watkins is an experienced trainer of magistrates who has written materials for the Judicial Studies Board, Magistrates Association and Universities of Birmingham and Cambridge.
Criminal Justice In International Society
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Author : Willem de Lint
language : en
Publisher: Routledge
Release Date : 2014-01-03
Criminal Justice In International Society written by Willem de Lint and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-03 with Social Science categories.
This book adopts a critical criminological approach to analyze the production, representation and role of crime in the emerging international order. It analyzes the role of power and its influence on the dynamics of criminalization at an international level, facilitating an examination of the geopolitics of international criminal justice. Such an approach to crime is well-developed in domestic criminology; however, this critical approach is yet to be used to explore the relationship between power, crime and justice in an international setting. This book brings together contrasting opinions on how courts, prosecutors, judges, NGOs, and other bodies act to reflexively produce the social reality of international justice. In doing this, it bridges the gaps between the fields of sociology, criminology, international relations, political science, and international law to explore the problems and prospects of international criminal justice and illustrate the role of crime and criminalization in a complex, evolving, and contested international society.
The Judicial Process
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Author : Henry Julian Abraham
language : en
Publisher: Oxford University Press, USA
Release Date : 1986
The Judicial Process written by Henry Julian Abraham and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Language Arts & Disciplines categories.
Written by one of the nation's most astute observers of the court, this classic text examines the theory, practice, and people behind the judicial process. The new seventh edition brings the work completely up to date by examining important developments and structural changes in these three judicial systems, up through the end of 1997, including judicial appointments during the Bush and Clinton administrations; significant alterations in the structure and organization of the United States, British, French, and other European courts, with an emphasis on the ongoing changes in the judiciary of the United Kingdom; and the collateral developments on the frontiers of judicial review procedures as well as the judicial role. At once comparative, expository, analytical, and evaluative, this new edition of The Judicial Process illuminates even more vividly the judiciary's political, legal, and governmental roles, examining closely that much debated but little understood line between "judicial activism" and "judicial restraint."
The Judicial System
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Author : Carlo Guarnieri
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-05-29
The Judicial System written by Carlo Guarnieri 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 2020-05-29 with Law categories.
This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.
Judges Handbook For Criminal Cases
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Author : G. Feltoe
language : en
Publisher: African Books Collective
Release Date : 2009
Judges Handbook For Criminal Cases written by G. Feltoe and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Prof. Feltoe, drawing from his experience as a lecturer in law at the University of Zimbabwe brings together in a single compendium various aspects of procedural, evidential and substantive law that judges encounter when dealing with criminal proceedings in Zimbabwe. The book is organised into 12 sections: Functions and Responsibilities; Pre-Trial Matters; Trial; Common Problems of Evidence; Criminal Law Code; Judgement Process; Sentencing; Judicial Officers' Duties in Regard to Undefended Accused; Record of Proceedings; Appeals; Automatic Review and Scrutiny; Miscellaneous Matters.
Democracy In The Courts
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Author : Marijke Malsch
language : en
Publisher: Routledge
Release Date : 2016-05-13
Democracy In The Courts written by Marijke Malsch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Law categories.
Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.
Powers Of The Prosecutor In Criminal Investigation
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Author : Karolina Kremens
language : en
Publisher: Routledge
Release Date : 2021-03-26
Powers Of The Prosecutor In Criminal Investigation written by Karolina Kremens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-26 with Law categories.
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.