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Author : Rupert Cross,Sir Alfred Rupert Neale Cross,Sir Rupert Cross
Publisher : CUP Archive
Page : 24 pages
File Size : 46,9 Mb
Release : 1976-10-14
Category : Law
ISBN : 052121405X
Author : Sir Rupert Cross
Publisher : Unknown
Page : 19 pages
File Size : 42,7 Mb
Release : 1976
Category : Burden of proof
ISBN : OCLC:474928538
Author : Claire Hamilton (Barrister)
Publisher : Justice in Controversy
Page : 276 pages
File Size : 48,8 Mb
Release : 2007
Category : History
ISBN : IND:30000116860028
The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together, " the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.
Author : Sian Elias
Publisher : Cambridge University Press
Page : 187 pages
File Size : 54,9 Mb
Release : 2018-08-23
Category : Law
ISBN : 9781108474351
In the 2016 Hamlyn Lectures, Chief Justice of New Zealand, Dame Sian Elias critiques recent changes in criminal justice systems.
Author : John D Jackson,Sarah J Summers
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 41,8 Mb
Release : 2018-03-22
Category : Law
ISBN : 9781782258360
This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.
Author : John D Jackson,Sarah J Summers
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 45,6 Mb
Release : 2018-03-22
Category : Law
ISBN : 9781782258377
This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.
Author : Ursula Smartt
Publisher : SAGE
Page : 233 pages
File Size : 50,7 Mb
Release : 2006-03-15
Category : Social Science
ISBN : 9781847878052
′This Course Companion in Criminal Justice by Ursula Smartt is to be applauded. It is an essential handbook for all students and practitioners who are studying the criminal justice system. The user-friendly framework provides students with practical support in how they can organise their approach to studying to maximise their knowledge and revision skills. I have no hesitation in commending this Companion as a valuable complementary text′ - Professor Allyson MacVean, John Grieve Centre for Policing & Community Safety, Buckinghamshire Chilterns University College "Congratulations to Ursula Smartt and SAGE on a most welcome ′skills′ text for Criminal Justice students... The book is concise, clear, well-organised and accessible - highly recommended." Stephen Parrott, Birkbeck, University of London Criminal Justice by Ursula Smartt is part of an exciting new series from SAGE. It is designed to help students to make the most of their undergraduate or foundation course in Criminal Justice or Criminology. Developed as accessible reference tools, SAGE Course Companions offer an introduction to the subject and encourage students to extend their understanding of key concepts, issues and debates. This book provides a basic grounding in criminal justice, alongside pointers to further reading and advice on study skills. It can be used as an overview of the subject and referred to throughout the degree for tips and revision guidance. Smartt′s Criminal Justice is designed to complement, rather than replace, existing textbooks for the course, and will provide: - Helpful summaries of the course curriculum to aid exam revision and essay planning - Key summaries of the approach taken by the main textbooks on the course - Guidance on the essential study skills required to pass the course - Help with developing critical thinking - Route-maps to aid the development of wider learning above and beyond the textbook - Pointers to success in course exams and written assessment exercises - A tutor′s-eye view of what course examiners are looking for - An insider′s view of what key course concepts are really all about SAGE Course Companions are much more than revision guides for undergraduate. They are an essential tool to success in undergraduate courses, enriching the learning experience and developing students′ understanding.
Author : John Hostettler
Publisher : Waterside Press
Page : 355 pages
File Size : 49,9 Mb
Release : 2009
Category : Law
ISBN : 9781904380511
"An introduction to the rich history of criminal justice charting all its main developments from the dooms of Anglo-Saxon times to the rise of the Common Law, struggles for political, legislative and judicial ascendency and the formation of the innovative Criminal Justice System of today." "The book looks at the Rule of Law, the development of the criminal courts and the people who work in them, police forces, the jury, judges, magistrates, crime and punishment. It deals with all the iconic events of criminal justice history and reform to show how criminal justice evolved." --Book Jacket.
Author : Paul Roberts,Adrian Zuckerman
Publisher : Oxford University Press
Page : 897 pages
File Size : 43,5 Mb
Release : 2021-09-20
Category : Law
ISBN : 9780198824480
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.
Author : A P Simester,J R Spencer,F Stark,G R Sullivan,G J Virgo
Publisher : Bloomsbury Publishing
Page : 1057 pages
File Size : 46,8 Mb
Release : 2019-08-22
Category : Law
ISBN : 9781509926664
This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. Review of Previous Edition: '... undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart, Criminal Law Review
Author : Paul Roberts,Adrian Zuckerman
Publisher : Oxford University Press
Page : 772 pages
File Size : 50,5 Mb
Release : 2010-08-26
Category : Language Arts & Disciplines
ISBN : 9780199231645
Based on Adrian Zuckerman's 'The Principles of Criminal Evidence', this book presents a comprehensive treatment of the fundamental principles & underlying logic of the law of criminal evidence. It includes changes relating to presumption of innocence, privilege against self-incrimination, character, & the law of corroboration.
Author : Nicola Monaghan
Publisher : Oxford University Press
Page : 521 pages
File Size : 54,9 Mb
Release : 2016
Category : Criminal law
ISBN : 9780198753278
This volume is written in an engaging and lively manner with an emphasis on explaining the key principles of criminal law with clarity. It includes helpful learning features to guide students through the material in an interesting and informative way.
Author : Nicola Monaghan
Publisher : Oxford University Press
Page : 523 pages
File Size : 45,6 Mb
Release : 2018-03-08
Category : Criminal law
ISBN : 9780198811824
This volume is written in an engaging and lively manner with an emphasis on explaining the key principles of criminal law with clarity. It includes helpful learning features to guide students through the material in an interesting and informative way.
Author : Marc Veenbrink
Publisher : Kluwer Law International B.V.
Page : 506 pages
File Size : 40,6 Mb
Release : 2019-11-20
Category : Law
ISBN : 9789403514413
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author : Gregory Durston
Publisher : Oxford University Press
Page : 679 pages
File Size : 52,5 Mb
Release : 2011-03-24
Category : Law
ISBN : 9780199583607
Providing an easily accessible source for students studying the law of evidence, this title fulfils the roles of both textbook and materials book, containing extracts from key cases and published articles.