The Place Of The Explained Verdict In The English Criminal Justice System Decision Making And Criminal Trials
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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
Reason Curve Jury Competence And The English Criminal Justice System
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Author : Bethel Erastus-Obilo
language : en
Publisher: Universal-Publishers
Release Date : 2009
Reason Curve Jury Competence And The English Criminal Justice System written by Bethel 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 2009 with Law categories.
Reason Curve, Jury Competence, and the English Criminal Justice System, a cross-jurisdictional and cross-disciplinary book, seeks to stimulate discussion and extend the debate in the area of criminal trials in light of the absence of an articulated explanation for a verdict. The book traces the history and development of the jury, from the Carolingian kings, its advancement in the English Courts following papal intervention, the impact of the Magna Carta, to its general use, current curtailment in England and Wales, and re-emergence in Continental Europe. Central to the book's submission is the dictum that the jurors' franchise to deliver a cryptic verdict is 'a matter between them and their conscience.' In light of human and civil rights movements, the book advances arguments that a cryptic verdict may offend the principle of fair trials in criminal justice. This is amplified by the presence of a developing and significant body of law that demands that decisions by public officers be accompanied by articulated pronouncements regarding the basis for their decision. While the book does not contend with the sanctity of jury deliberations and recognizes the difficulties associated with reason articulation by lay assessors, it argues that the jury continuum provides a fertile ground not only for articulating a verdict in light of human experiences, but also for generating the reason curve, which provides legitimacy for that verdict. Furthermore, the reason curve argues that it is entirely possible for the jury to articulate its reasons provided the Criminal Justice System makes provisions not just to expect an explained verdict from the jury, but also provides it with the necessary facilities needed for compliance. Exploring research and sources in the fields of law and psychology in Europe, the USA, and other jurisdictions around the world, this book is written for an international audience as a catalyst for the student of legal jurisprudence who has interests in the concepts of reason, accountability, transparency, and human rights in the criminal justice system. It is also written for the cognitive and behavioral psychologist with an interest in lay decision-making in criminal trials. In the large legal jurisdictions of the USA and Canada, the right to a jury trial is enshrined in state articles. As such, there is less tinkering with the institution. In England and Wales where Parliament is supreme and the constitution is unwritten, no such right exists. Consequently, the government enjoys tremendous leeway in tinkering with the 'right to jury trial.' Whether or not the institution can evolve to deliver a 21st Century approach is a matter for full debate, research, and the march of time.
Sentencing And The Legitimacy Of Trial Justice
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Author : Ralph Henham
language : en
Publisher: Routledge
Release Date : 2013-03-01
Sentencing And The Legitimacy Of Trial Justice written by Ralph Henham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Social Science categories.
This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of ‘mainstreaming’ restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering ‘justice’. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.
Decision Making In Criminal Justice
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Author : Michael R. Gottfredson
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-11
Decision Making In Criminal Justice written by Michael R. Gottfredson 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 2013-11-11 with Social Science categories.
The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.
The Criminal Process
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Author : Liz Campbell
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-06-25
The Criminal Process written by Liz Campbell 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 2019-06-25 with Criminal investigation categories.
"The Criminal Process offers an insightful and stimulating analysis of the key issues in criminal process and procedure, drawing on arguments from the law, research, policy, and principle to present an authoritative overview of this area of study. New to this edition: coverage of the issues relating to disclosure in criminal proceedings; an increased focus on corporate suspects, including analysis of deferred prosecution agreements; consideration of recent changes to stop and search policies and practices, and to police bail" -- page 4 of cover.
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.
Transforming International Criminal Justice
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Author : Mark Findlay
language : en
Publisher: Willan Pub
Release Date : 2005
Transforming International Criminal Justice written by Mark Findlay and has been published by Willan Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
The book injects a significant comparative dimension into the study of international criminal justice. This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis. The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions.Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice
Punishment And Process In International Criminal Trials
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Author : Ralph Henham
language : en
Publisher: Routledge
Release Date : 2017-03-02
Punishment And Process In International Criminal Trials written by Ralph Henham 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 Social Science categories.
International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.
Review Of The Criminal Courts Of England And Wales
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Author : Robin Auld
language : en
Publisher: Stationery Office Books (TSO)
Release Date : 2001
Review Of The Criminal Courts Of England And Wales written by Robin Auld and has been published by Stationery Office Books (TSO) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This report examines the purpose, structure and working of the criminal courts in the criminal justice system. In particular it considers: re-structuring and improving the composition of the criminal courts and the better matching of courts to cases; introducing a new structure for direction and better management of the criminal justice system; removing work from the criminal process that should not be there; improving preparation for trial and trial procedures and reform of the law of criminal evidence; simplification of the appellate structure. In proposing change attention is paid to the law of human rights and the potential of information technology to re-shape practices. However a central concern is the need to enhance public confidence in the whole system.
Unreasoned Verdict
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Author : Louis Blom-Cooper
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-02
Unreasoned Verdict written by Louis Blom-Cooper and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with Law categories.
The system of jury trial has survived, intact, for 750 years. In the light of contemporary opposition to jury trial for serious offences, this book explains the nature and scope today of jury trial, with its minor exceptions. It chronicles the origins and development of jury trial in the Anglo-Saxon world, seeking to explain and explore the principles that lie at the heart of the mode of criminal trial. It observes the distinction between the professional judge and the amateur juror or lay participant, and the value of such a mixed tribunal. Part of the book is devoted to the leading European jurisdictions, underlining their abandonment of trial by jury and its replacement with the mixed tribunal in pursuance of a political will to inject a lay element into the trial process. Democracy is not an essential element in the criminal trial. The book takes a look at the appellate system in crime, from the Criminal Appeals Act 1907 to the present day, and urges the reform of the appellate court, finding the trial decision unsatisfactory as well as unsafe. Other important issues are touched upon – judicial ethics and court-craft; perverse jury verdicts (the nullification of jury verdicts); the speciality of fraud offences, and the selection of models for various crimes, as well as suggested reforms of the waiver of a jury trial or the ability of the defendant to choose the mode of trial. The section ends with a discussion of the restricted exceptions to jury trial, where the experience of 30 years of judge-alone trials in Northern Ireland – the Diplock Courts – is discussed. Finally, the book proffers its proposal for a major change in direction – involvement of the defendant in the choice of mode of trial, and the intervention (where necessary) of the expert, not merely as a witness but as an assessor to the judiciary or as a supplemental decision-maker.