Avoiding A Full Criminal Trial

Author : Koen Vriend
Publisher : Springer
Page : 273 pages
File Size : 50,7 Mb
Release : 2016-10-12
Category : Law
ISBN : 9789462651531

Get Book

Avoiding a Full Criminal Trial by Koen Vriend Pdf

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness—as derived from ECtHR case law—is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.

Author : Stephen Thaman
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2010
Category : Courts
ISBN : 1594605734

Get Book

World Plea Bargaining by Stephen Thaman Pdf

The full-blown trial with its guarantees of presumption of innocence, due process, and constitutional evidence is no longer affordable. With the rise in crime and the more cost-, and labor-intensive procedures required by modern notions of due process, legislatures and courts around the world are gradually giving priority to the principle of procedural economy and introducing forms of consensual and abbreviated criminal procedure to deal with overloaded dockets. This book, which combines chapters from distinct countries which were originally written for the XVII Congress of the International Academy of Comparative Law in Utrecht, The Netherlands, in July 2006, also includes theoretical contributions by Mirjan Damaska on the role of plea bargaining in the international criminal tribunals and Maximo Langer on the "Americanization" of world criminal procedure and the "translation" of American plea bargaining into the legal language of inquisitorial legal systems. The book concludes with the editor's comprehensive analysis of the typologies of plea bargaining and their historical and doctrinal roots.

Author : Jacqueline E. Ross,Stephen C. Thaman
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 44,5 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781781007198

Get Book

Comparative Criminal Procedure by Jacqueline E. Ross,Stephen C. Thaman Pdf

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.

Author : Máximo Langer,Mike McConville,Luke Marsh
Publisher : Edward Elgar Publishing
Page : 627 pages
File Size : 51,8 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781802206678

Get Book

Research Handbook on Plea Bargaining and Criminal Justice by Máximo Langer,Mike McConville,Luke Marsh Pdf

Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.

Author : Kai Ambos,Antony Duff,Alexander Heinze,Julian Roberts,Thomas Weigend
Publisher : Cambridge University Press
Page : 475 pages
File Size : 50,7 Mb
Release : 2022-02-17
Category : Law
ISBN : 9781316510544

Get Book

Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Alexander Heinze,Julian Roberts,Thomas Weigend Pdf

Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.

Author : Vanessa A. Edkins,Allison D. Redlich
Publisher : Oxford University Press
Page : 240 pages
File Size : 42,9 Mb
Release : 2019-03-06
Category : Psychology
ISBN : 9780190689261

Get Book

A System of Pleas by Vanessa A. Edkins,Allison D. Redlich Pdf

Over 95% of criminal convictions are by guilty plea. Trials are the rarity, and while much has been written on jury decision making and various parts of the trial process, the field has been largely silent on the practice that is most likely to affect an individual charged with a crime: plea bargaining. A System of Pleas: Social Science's Contributions to the Real Legal System brings together into one resource the burgeoning body of research on plea bargaining. Drawing attention to the fact that convictions today are nearly synonymous with guilty pleas, this contributed volume begins with an overview and history of plea bargaining, with chapters focusing on defendants, defense attorneys and prosecutors and plea bargains; influences on plea decision-making, including race, juvenile justice system involvement, and innocence; and the results of a "system of pleas", such as sentencing disparities and mass incarceration, collateral consequences, and disenfranchisement. A concluding chapter by the volume's editors examines ways to move forward within an entrenched system. An excellent reference tool for furthering both research and practice, A System of Pleas is a must-have for academics and legal professionals interested in the fields of criminal justice, psychology and law, and related disciplines.

Author : David Scott Clark
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 50,7 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006092

Get Book

Comparative Law and Society by David Scott Clark Pdf

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.

Author : Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn
Publisher : Springer Nature
Page : 440 pages
File Size : 52,9 Mb
Release : 2020-06-10
Category : Law
ISBN : 9783030431235

Get Book

The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings by Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn Pdf

The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice
Publisher : Unknown
Page : 320 pages
File Size : 55,9 Mb
Release : 1981
Category : Criminal procedure
ISBN : PURD:32754077971087

Get Book

Proposed Amendments to the Federal Rules of Criminal Procedure by United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice Pdf

Author : Nelken, David,Hamilton, Claire
Publisher : Edward Elgar Publishing
Page : 411 pages
File Size : 49,7 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781839106385

Get Book

Research Handbook of Comparative Criminal Justice by Nelken, David,Hamilton, Claire Pdf

With contributions from leading experts in the field, this timely Research Handbook reconsiders the theories, assumptions, values and methods of comparative criminal justice in light of the challenges and opportunities posed by globalisation, deglobalisation and transnationalisation.

Author : Suja A. Thomas
Publisher : Cambridge University Press
Page : 263 pages
File Size : 40,6 Mb
Release : 2016-06-16
Category : Law
ISBN : 9781107055650

Get Book

The Missing American Jury by Suja A. Thomas Pdf

This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.

Author : Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin
Publisher : The Committee
Page : 523 pages
File Size : 40,5 Mb
Release : 1993-01-01
Category : Evidence, Criminal
ISBN : 077781515X

Get Book

Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions by Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin Pdf

Author : Markus Dirk Dubber,Tatjana Hörnle
Publisher : Oxford Handbooks in Law
Page : 1233 pages
File Size : 48,6 Mb
Release : 2014
Category : Law
ISBN : 9780199673599

Get Book

The Oxford Handbook of Criminal Law by Markus Dirk Dubber,Tatjana Hörnle Pdf

This book deals with various aspects of criminal law, including its relationship to a wide range of disciplines such as philosophy, sociology, and technology. It first considers a range of approaches and methods used in the analysis of criminal law, including economics, feminist studies, critical race theory, criminology, history, and literature. It then traces the origins of modern criminal law to medieval canon law and examines indigenous legal traditions before discussing the collapse of pre-modern criminal justice and the transition to modernity. The book also reviews the general principles of criminal liability; topics covered include constitutional criminal law, actus reus, mens rea, corporate criminal liability, consent, self-defense, necessity, duress, insanity and intoxication, as well as jurisdiction and sentencing. Different types of crimes are analyzed, including public welfare offenses, inchoate crimes, offenses against the person and against sexual autonomy, property offenses, drug offenses, regulatory offenses, and terrorism. Throughout, the book takes a broadly comparative and contextual approach that regards criminal law as a global discipline.

Author : Cornelia Woll
Publisher : Princeton University Press
Page : 248 pages
File Size : 46,6 Mb
Release : 2023-10-31
Category : Business & Economics
ISBN : 9780691250328

Get Book

Corporate Crime and Punishment by Cornelia Woll Pdf

"Over the last decade, many of the world's biggest companies have been embroiled in legal disputes over corruption, fraud, environmental damage, taxation issues, or sanction violations, ending either in convictions or settlements of record-breaking fines that have surpassed the billion-dollar mark. For critics of globalisation, this turn towards corporate accountability is a welcome change, showing that multinational companies are not above the law. In this book, Cornelia Woll considers how far this turn toward negotiated corporate justice, and the United States' legal action against multinationals in particular, is motivated by geopolitical and geoeconomic concerns. Woll analyses the evolution of corporate criminal prosecutions in the United States, as well as the extraterritorial expansion of its jurisdictions, and demonstrates a notable bias against foreign firms. In extreme cases, she argues, this type of legal action is used for explicitly strategic purposes to further US economic interests at home and abroad, a practice known as 'economic lawfare'. By studying the recent institutional and legal changes within a range of countries that have seen their multinational companies targeted by the threat of US prosecutions - including the United Kingdom, Germany, Canada, and Brazil - Woll draws attention to the impact of this strategy in reshaping both national legal approaches to corporate criminal law and the protocols for business government relations. No government wishes to stand accused of allowing their own multinationals to get away with illegal or unethical practices that have only come to light via US investigations, nor do they wish to see the resulting fines from any legal proceedings paid out to the US justice system alone. Woll discusses the resulting measures taken, and those still needed, to strengthen national capacity to intervene in corporate misconduct cases, and considers the extent to which certain US actions exemplify the weaponisation of interdependence by a hegemonic power"--

Author : R. J. Delisle,Tim Quigley,Don Stuart
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2008
Category : Criminal procedure
ISBN : 0779816668

Get Book

Learning Canadian Criminal Procedure by R. J. Delisle,Tim Quigley,Don Stuart Pdf

This casebook integrates the growing body of Charter jurisprudence on criminal procedure into the legislation governing this area, with a focus on the tension between the rights of the accused and effective law enforcement in both pre-trial and trial procedure. This edition includes discussions of : creating a public safety roadblock stop power (Clayton and Farmer); right to silence (Turcotte and Singh); abandoning the Shephard test in extradition cases to allow for weighing (U.S.A. v. Ferras); not allowing automatic screening of jurors based on the ethnicity of victims (Spence) and not permitting trial judges to direct convictions (Krieger). Also included are recent conflicting and controversial lower court rulings on stop powers and tertiary bail, and recent rulings of the Ontario Court of Appeal on the issue of exclusion of evidence under s.24(2).