Fairness In Criminal Appeal

Author : Helena Morão,Ricardo Tavares da Silva
Publisher : Springer Nature
Page : 214 pages
File Size : 50,9 Mb
Release : 2023-02-10
Category : Law
ISBN : 9783031130014

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Fairness in Criminal Appeal by Helena Morão,Ricardo Tavares da Silva Pdf

This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.

Author : Cezary Kulesza
Publisher : Wydawnictwo Temida 2
Page : 260 pages
File Size : 41,8 Mb
Release : 2019-11-10
Category : Law
ISBN : 9788365696342

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Fairness of the New Model of Polish Criminal Appeal Proceedings in the Context of Delivered Research by Cezary Kulesza Pdf

Author : John D Jackson,Sarah J Summers
Publisher : Bloomsbury Publishing
Page : 341 pages
File Size : 51,7 Mb
Release : 2018-03-22
Category : Law
ISBN : 9781782258353

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Obstacles to Fairness in Criminal Proceedings by John D Jackson,Sarah J Summers Pdf

The character of the right to a fair trial / Stefan Treschel -- Autonomy and agency in American criminal process / David Alan Sklansky -- Innocence, the burden of proof, and fairness in the criminal trial : revisiting Woolmington v DPP (1935) / Lindsy Farmer -- The right of silence in England and Wales : sacred cow, sacrificial lamb, or Trojan horse? / Hannah Quirk -- Seeking core fair trial standards across national boundaries : judicial impartiality, the prosecutorial role, and the right to counsel / John D. Jackson and Sarah J. Summers -- The role of counsel in criminal proceedings / Wolfgang Wohlers -- "Falling on deaf ears?" : looking for the Salduz Jurisprudence in Greece / Dimitrios Giannoulopoulos -- Fairness and expediency in international criminal procedure / Kai Ambos -- International criminal procedure and the false promise of an ideal model of fairness / Yvonne McDermott -- Written records of statements and fairness / Nadja Capus -- Regulating and limiting plea concessions : towards fairness in charge adjudication / Richard L. Lippke -- A fair cop and a fair trial / Eric J. Miller -- Rights-analysis in addressing pre-trial impropriety : an obstacle to fairness? / Kelly M. Pitcher -- Fairness in criminal proceedings : concluding thoughts and further questions / R.A. Duff

Author : Judicial Commission of New South Wales
Publisher : Unknown
Page : 128 pages
File Size : 52,8 Mb
Release : 2006
Category : Sentences (Criminal procedure)
ISBN : 0731356136

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Sentencing Bench Book by Judicial Commission of New South Wales Pdf

This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.

Author : Amal Clooney,Philippa Webb
Publisher : Oxford University Press
Page : 500 pages
File Size : 45,6 Mb
Release : 2021-02-11
Category : Law
ISBN : 9780192536082

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The Right to a Fair Trial in International Law by Amal Clooney,Philippa Webb Pdf

The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 41,8 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Mark Geragos,Pat Harris
Publisher : Penguin
Page : 304 pages
File Size : 50,7 Mb
Release : 2013-04-11
Category : Biography & Autobiography
ISBN : 9781101595015

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Mistrial by Mark Geragos,Pat Harris Pdf

A searing and entertaining manifesto on the ills of the criminal justice system from two of America’s most prominent defense attorneys. From the rise of the Internet and the 24-hour news cycle to the television ratings bonanza of the O.J. Simpson trial, a perfect storm of media coverage has given the public an unprecedented look inside the courtroom, kicking off popular courtroom shows and TV legal commentary that further illuminate how the criminal justice system operates. Or has it? In Mistrial, Mark Geragos and Pat Harris debunk the myths of judges as Solomon-like figures, jurors as impartial arbiters of the truth, and prosecutors as super-ethical heroes. Mistrial draws the curtain on the court’s ugly realities—from stealth jurors who secretly swing for a conviction, to cops who regularly lie on the witness stand, to defense attorneys terrified of going to trial. Ultimately, the authors question whether a justice system model drawn up two centuries ago before blogs and television is still viable today. In the aftermath of recent high-profile cases, the flaws in America’s justice system are more glaring than ever. Geragos and Harris are legal experts and prominent criminal defense attorneys who have worked on everything from celebrity media-circuses—having represented clients like Michael Jackson, Winona Ryder, Scott Peterson, Chris Brown, Susan MacDougal, and Gary Condit—to equally compelling cases defending individuals desperate to avoid the spotlight. Shining unprecedented light on what really goes on in the courtroom, Mistrial is an enjoyable, fun look at a system that rarely lets you see behind the scenes.

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 : 42,7 Mb
Release : 1993-01-01
Category : Evidence, Criminal
ISBN : 077781515X

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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 : I. H. Dennis
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2010
Category : Evidence (Law)
ISBN : 1847038565

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The Law of Evidence by I. H. Dennis Pdf

Analysing the law of evidence, this book includes essential doctrinal analysis. It takes an account of evidence theory, psychological research on information processing and retrieval, socio-legal work on police investigations, and jury research projects. It reviews changes to the law, brought about by the Criminal Justice Act 2003.

Author : Stephanos Stavros
Publisher : BRILL
Page : 404 pages
File Size : 54,9 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481862

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The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights by Stephanos Stavros Pdf

In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.

Author : Sabine Gless,Thomas Richter
Publisher : Springer
Page : 387 pages
File Size : 48,9 Mb
Release : 2019-04-17
Category : Law
ISBN : 9783030125202

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Do Exclusionary Rules Ensure a Fair Trial? by Sabine Gless,Thomas Richter Pdf

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Author : Asbjørn Eide,Jakob Th. Möller,Ineta Ziemele
Publisher : BRILL
Page : 676 pages
File Size : 48,5 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004215801

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Making Peoples Heard by Asbjørn Eide,Jakob Th. Möller,Ineta Ziemele Pdf

A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels.

Author : Elaine Craig
Publisher : McGill-Queen's Press - MQUP
Page : 217 pages
File Size : 50,6 Mb
Release : 2018-02-16
Category : Law
ISBN : 9780773553019

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Putting Trials on Trial by Elaine Craig Pdf

Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 41,9 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : Roger P. Kerans,Kim M. Willey
Publisher : Peppercorn Press
Page : 353 pages
File Size : 50,5 Mb
Release : 2006-01-01
Category : Appellate procedure
ISBN : 0919311555

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Standards of Review Employed by Appellate Courts by Roger P. Kerans,Kim M. Willey Pdf