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Unreasoned Verdict


Unreasoned Verdict
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Unreasoned Verdict


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.



Unreasoned Verdict


Unreasoned Verdict
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Author : Louis Blom-Cooper
language : en
Publisher:
Release Date : 2019

Unreasoned Verdict written by Louis Blom-Cooper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.


"The jury in its contemporary form begins effectively with its democratising by the Criminal Justice Act 1972. The first section of the book gives an historical analysis of jury trial from its early days of emergence. The historical background merely endorses the English culture in the criminal jurisdiction. There is little doubt that the jury system (English style) has the evident support of public opinion, although decreasing, as to the acceptable solution for the model form of administering criminal justice. However the unknown reception by the jury of the direction in law and the summing-up on the relevant facts for decision-making is often ineffective, if not actually ineffectual. Furthermore, unless and until we are possessed of information about the dialectic effect of the chemistry of judge and jury we are bereft of translating views about the generality of jury trial into the reality of what lies behind the monosyllabic utterance of the unreasoned verdict. The first part of the book explores these issues. In its second section, the book goes on to explain the essential features of the scope and nature of jury trial, which, unlike its counterpart in the United States, demands a properly structured summing-up of the evidence, with a direction to the jury to apply the relevant criminal law to the offence(s). A third section in the book then portrays the principles of criminal justice, as distinctively applicable to trial by judge and jury in harmony, if not in harness (as some European systems impose in mixed tribunals). The fourth section considers safeguards that are imposed or could usefully be injected into the proceedings of jury trial. The fifth and last section of the book discusses potentially viable reforms. It concludes with the assertion that, given the public demand for greater transparency and better accountability of the jury in action, it is necessary to reform an outdated mode of trial"--Bloomsbury Publishing.



Unreasoned Verdict


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.



Contemporary Challenges In The Jury System


Contemporary Challenges In The Jury System
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Author : Nicola Monaghan
language : en
Publisher: Taylor & Francis
Release Date : 2024-07-05

Contemporary Challenges In The Jury System written by Nicola Monaghan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-05 with Law categories.


This collection explores a variety of issues facing contemporary juries, bringing together innovative research from different disciplines and jurisdictions. The debate stems from a real concern that criticism of the jury may lead to a loss of public confidence in the institution and that this may renew government efforts to further restrict the role of the jury in criminal proceedings in England and Wales. This work offers an interdisciplinary approach presenting insights from legal, psychological and criminological perspectives, thus bypassing traditional borders and presenting a cohesive view. Issues discussed reflect the rapid advances in technology, changing dynamics and behaviours in society, and challenges that have been aggravated by the Covid-19 pandemic. Whilst the focus is primarily on juries in England, Wales, Scotland and across Ireland in terms of challenges and opportunities, the collection also invites a comparative perspective, drawing on experiences and related research in other jurisdictions. The book will be of interest to academics, researchers and policy-makers working in the areas of criminal law and procedure, criminal justice, criminology and psychology.



European Criminal Procedures


European Criminal Procedures
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Author : Mireille Delmas-Marty
language : en
Publisher: Cambridge University Press
Release Date : 2002-10-17

European Criminal Procedures written by Mireille Delmas-Marty 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 2002-10-17 with Law categories.


Revised by Elena Ricci



Court Number One


Court Number One
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Author : Thomas Grant
language : en
Publisher: Hachette UK
Release Date : 2019-05-30

Court Number One written by Thomas Grant and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-30 with Biography & Autobiography categories.


A TELEGRAPH BOOK OF THE YEAR A TIMES BOOK OF THE YEAR A WATERSTONES PAPERBACK OF THE YEAR 'Superbly told' Simon Heffer, Daily Telegraph 'A hamper of treats' Sunday Telegraph '[Grant employs] scholarship and depth of evidence' London Review of Books 'These tales of eleven trials are shocking, squalid, titillating and illuminating: each of them says something fascinating about how our society once was' The Times 'Deceptively thrilling' Sunday Times 'Excellent . . . Thomas Grant offers detailed accounts of eleven cases at the Old Bailey's Court Number One, with protagonists ranging from the diabolical to the pathetic. There is humour . . . but this is ultimately an affecting study of how the law gets it right - and wrong' Guardian Court Number One of the Old Bailey is the most famous court room in the world, and the venue of some of the most sensational human dramas ever to be played out in a criminal trial. The principal criminal court of England, historically reserved for the more serious and high-profile trials, Court Number One opened its doors in 1907 after the building of the 'new' Old Bailey. In the decades that followed it witnessed the trials of the most famous and infamous defendants of the twentieth century. It was here that the likes of Madame Fahmy, Lord Haw Haw, John Christie, Ruth Ellis, George Blake (and his unlikely jailbreakers, Michael Randle and Pat Pottle), Jeremy Thorpe and Ian Huntley were defined in history, alongside a wide assortment of other traitors, lovers, politicians, psychopaths, spies, con men and - of course - the innocent. Not only notorious for its murder trials, Court Number One recorded the changing face of modern British society, bearing witness to alternate attitudes to homosexuality, the death penalty, freedom of expression, insanity and the psychology of violence. Telling the stories of twelve of the most scandalous and celebrated cases across a radically shifting century, this book traces the evolving attitudes of Britain, the decline of a society built on deference and discretion, the tensions brought by a more permissive society and the rise of trial by mass media. From the Sunday Times bestselling author of Jeremy Hutchinson's Case Histories, Court Number One is a mesmerising window onto the thrills, fears and foibles of the modern age.



Evidence Proof And Judicial Review In Eu Competition Law


Evidence Proof And Judicial Review In Eu Competition Law
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Author : Fernando Castillo de la Torre
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-03-31

Evidence Proof And Judicial Review In Eu Competition Law written by Fernando Castillo de la Torre 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 2017-03-31 with Law categories.


Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law.



Roberts Zuckerman S Criminal Evidence


Roberts Zuckerman S Criminal Evidence
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Author : Paul Roberts
language : en
Publisher: Oxford University Press
Release Date : 2022-08-04

Roberts Zuckerman S Criminal Evidence written by Paul Roberts and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-04 with Law categories.


Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.



Great Debates In Tort Law


Great Debates In Tort Law
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Author : Jonathan Morgan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-17

Great Debates In Tort Law written by Jonathan Morgan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-17 with Law categories.


Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading. This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.



The Impact Of Scientific Evidence On The Criminal Trial


The Impact Of Scientific Evidence On The Criminal Trial
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Author : Oriola Sallavaci
language : en
Publisher: Routledge
Release Date : 2014-02-05

The Impact Of Scientific Evidence On The Criminal Trial written by Oriola Sallavaci and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-05 with Law categories.


This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.