Detention Before Trial

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Detention Before Trial

Author : Martin L. Friedland
Publisher : University of Toronto Press
Page : 218 pages
File Size : 50,6 Mb
Release : 1965-12-15
Category : Social Science
ISBN : 9781487597290

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Detention Before Trial by Martin L. Friedland Pdf

Detention before trial has been one of the most neglected areas in the whole administration of criminal justice. In the past, attention has been focussed almost exclusively on detention after trial (i.e. sentencing), which touches the lives of significantly fewer persons than detention before trial. There has been no previous examination in Canada of the utility or effectiveness of its operation. This study will fill an important need by documenting statistically the extent and nature of custody before trial in the Toronto Magistrates' Courts, where the overwhelming majority of citizens charged with criminal offences in the Toronto area are tried. Although the study is primarily directed at practices before trial in Toronto, many of these practices can be found in other cities throughout North America. Specific areas of importance which were investigated here include the use of the summons; the extent to which accused persons are detained in custody both before and after the first court appearance; bail-setting practices and the ability to raise bail; the activities of professional bondsmen; the enforcement of penalties for absconding; and the relationship between custody and the outcome of the trial. Much of the presentation of the data is descriptive, but attempts are made throughout the study to prove statistically the existence of casual relationships. The result is a work which brings together in lucid and scholarly form important evidence which will be valuable to lawyers and all who are professionally concerned with social problems, and of interest to everyone with a regard for the administration of justice.

Human Rights in Pre-trial Detention

Author : Chandr Mohan Upadhyay
Publisher : APH Publishing
Page : 252 pages
File Size : 55,6 Mb
Release : 1999
Category : Political Science
ISBN : 8170249988

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Human Rights in Pre-trial Detention by Chandr Mohan Upadhyay Pdf

Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems

Author : Marion Charret-Del Bove,Fabrice Mourlon
Publisher : Cambridge Scholars Publishing
Page : 250 pages
File Size : 40,5 Mb
Release : 2014-06-19
Category : Law
ISBN : 9781443861847

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Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems by Marion Charret-Del Bove,Fabrice Mourlon Pdf

Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.

The Bail Book

Author : Shima Baradaran Baughman
Publisher : Cambridge University Press
Page : 331 pages
File Size : 44,8 Mb
Release : 2017-12-21
Category : Law
ISBN : 9781107131361

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The Bail Book by Shima Baradaran Baughman Pdf

Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

Detention Before Trial

Author : Martin L. Friedland
Publisher : Unknown
Page : 202 pages
File Size : 49,5 Mb
Release : 1969
Category : Arrest
ISBN : OCLC:1065848933

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Detention Before Trial by Martin L. Friedland Pdf

Preventive Detention

Author : Stanislaw J. Frankowski,Dinah Shelton
Publisher : BRILL
Page : 318 pages
File Size : 50,7 Mb
Release : 2022-05-09
Category : Law
ISBN : 9789004478916

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Preventive Detention by Stanislaw J. Frankowski,Dinah Shelton Pdf

Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.

Pre-trial Detention in the Netherlands

Author : J. H. Crijns,Bas J. G. Leeuw,Hilde Tonja Wermink
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2016
Category : Detention of persons
ISBN : 946236687X

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Pre-trial Detention in the Netherlands by J. H. Crijns,Bas J. G. Leeuw,Hilde Tonja Wermink Pdf

The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]

Détention Avant Jugement

Author : Piet Hein P. H. M. C. Kempen
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2012
Category : Detention of persons
ISBN : 1780680686

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Détention Avant Jugement by Piet Hein P. H. M. C. Kempen Pdf

It is estimated that in the course of a year, approximately 10 million people will pass through pre-trial detention. Although presently, no adequately functioning criminal justice system can do entirely without detaining any suspects, pre-trial detention thus remains problematic in the context of human rights, the detainee's family, and society. This volume therefore offers a wide variety of topics that are relevant to pre-trial detention. The themes discussed include: developments that affect the application of pre-trial detention; relevant international and national human rights standards, as well as monitoring systems; pre-trial detention of specific groups; and alternatives to pre-trial detention. Moreover, this book contains chapters on 21 individual countries from around the world. On the basis of these, the book not only examines whether and how international human rights standards on detention are influencing national law and practice, and the extent to which international norm

Incarceration without Conviction

Author : Mikaela Rabinowitz
Publisher : Routledge
Page : 110 pages
File Size : 46,7 Mb
Release : 2021-07-14
Category : Social Science
ISBN : 9781000391473

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Incarceration without Conviction by Mikaela Rabinowitz Pdf

Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people’s lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.

Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE

Author : United States. Congress. Commission on Security and Cooperation in Europe
Publisher : Unknown
Page : 26 pages
File Size : 47,5 Mb
Release : 1990
Category : CSCE Meeting on the Human Dimension
ISBN : UCR:31210010765814

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Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE by United States. Congress. Commission on Security and Cooperation in Europe Pdf

Pre-trial Detention in the European Union

Author : A. M. van Kalmthout,Marije M. Knapen,Christine Morgenstern
Publisher : Unknown
Page : 1014 pages
File Size : 45,7 Mb
Release : 2009
Category : Detention of persons
ISBN : STANFORD:36105134511810

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Pre-trial Detention in the European Union by A. M. van Kalmthout,Marije M. Knapen,Christine Morgenstern Pdf

Human Rights and Pre-trial Detention

Author : United Nations Centre for Human Rights,United Nations. Crime Prevention and Criminal Justice Branch
Publisher : New York and Geneva : United Nations
Page : 72 pages
File Size : 40,9 Mb
Release : 1994
Category : Law
ISBN : UOM:39015034857808

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Human Rights and Pre-trial Detention by United Nations Centre for Human Rights,United Nations. Crime Prevention and Criminal Justice Branch Pdf

The Routledge Handbook of Irish Criminology

Author : Deirdre Healy,Claire Hamilton,Yvonne Daly,Michelle Butler
Publisher : Routledge
Page : 724 pages
File Size : 48,9 Mb
Release : 2015-12-14
Category : Social Science
ISBN : 9781317698166

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The Routledge Handbook of Irish Criminology by Deirdre Healy,Claire Hamilton,Yvonne Daly,Michelle Butler Pdf

The Routledge Handbook of Irish Criminology is the first edited collection of its kind to bring together the work of leading Irish criminologists in a single volume. While Irish criminology can be characterised as a nascent but dynamic discipline, it has much to offer the Irish and international reader due to the unique historical, cultural, political, social and economic arrangements that exist on the island of Ireland. The Handbook consists of 30 chapters, which offer original, comprehensive and critical reviews of theory, research, policy and practice in a wide range of subject areas. The chapters are divided into four thematic sections: Understanding crime examines specific offence types, including homicide, gangland crime and white-collar crime, and the theoretical perspectives used to explain them. Responding to crime explores criminal justice responses to crime, including crime prevention, restorative justice, approaches to policing and trial as well as post-conviction issues such as imprisonment, community sanctions and rehabilitation. Contexts of crime investigates the social, political and cultural contexts of the policymaking process, including media representations, politics, the role of the victim and the impact of gender. Emerging ideas focuses on innovative ideas that prompt a reconsideration of received wisdom on particular topics, including sexual violence and ethnicity. Charting the key contours of the criminological enterprise on the island of Ireland and placing the Irish material in the context of the wider European and international literature, this book is essential reading for those involved in the study of Irish criminology and international and comparative criminal justice.