The Integrity Of Criminal Process

Author : Jill Hunter,Paul Roberts,Simon N M Young,David Dixon
Publisher : Bloomsbury Publishing
Page : 448 pages
File Size : 48,5 Mb
Release : 2016-08-11
Category : Law
ISBN : 9781782255710

Get Book

The Integrity of Criminal Process by Jill Hunter,Paul Roberts,Simon N M Young,David Dixon Pdf

Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

Author : Anonim
Publisher : Amer Bar Assn
Page : 137 pages
File Size : 46,6 Mb
Release : 2006
Category : Law
ISBN : 1590316681

Get Book

Achieving Justice by Anonim Pdf

Author : Jill Hunter,Paul Roberts,Simon N M Young,David Dixon
Publisher : Bloomsbury Publishing
Page : 514 pages
File Size : 46,6 Mb
Release : 2016-08-11
Category : Law
ISBN : 9781782255727

Get Book

The Integrity of Criminal Process by Jill Hunter,Paul Roberts,Simon N M Young,David Dixon Pdf

Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

Author : Kelly Pitcher
Publisher : Springer
Page : 567 pages
File Size : 49,8 Mb
Release : 2017-12-14
Category : Law
ISBN : 9789462652194

Get Book

Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings by Kelly Pitcher Pdf

This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs’ law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.

Author : Andrew Ashworth
Publisher : Oxford University Press, USA
Page : 344 pages
File Size : 40,9 Mb
Release : 1994
Category : Humor
ISBN : UOM:39015032251780

Get Book

The Criminal Process by Andrew Ashworth Pdf

In recent years the English criminal justice system has been shaken by certain notorious cases such as the Guildford Four, the Birmingham Six, and the Cardiff Three. The quashing of convictions in these and other cases has brought to public notice the structural deficiencies which exist in the criminal justice system. In this book Professor Ashworth addresses one of the most controversial areas of the entire criminal process: the pre-trial stage. Taking as his starting point the detention of suspects in police custody, the author examines six key issues in the pre-trial process: the questioning of suspects, cautioning of offenders, prosecutorial review, remand decisions, mode of trial decisions, and plea bargaining. Drawing upon empirical research, substantive law, and official guidance, the author considers how the rights of victims and defendants are promoted within the system, and in particular considers the potential impact of the European Convention of Human Rights on the administration of criminal justice in England and Wales. The recommendations of the 1993 Royal Commission on Criminal Justice are critically appraised.

Author : General Editor: David Young
Publisher : Unknown
Page : 496 pages
File Size : 47,5 Mb
Release : 2022
Category : Criminal procedure
ISBN : 1526515199

Get Book

Young, Corker and Summers on Abuse of Process in Criminal Proceedings by General Editor: David Young Pdf

"Setting out the law relating to abuse of process in criminal law, it analyses the underlying issues and draws together the evolving case law on different aspects of abuse of process including delay, breach of promise, the destruction of evidence, non-disclosure, entrapment and extradition. In the last six years there has been a significant amount of new law relevant to the development of abuse of process in criminal proceedings under an evolving definition of abuse of process. - The new edition is fully updated throughout with new chapters and material on: - What is the current definition of an abuse of process? Reviews the evolution of the definition from the Beckford case, through the Maxwell and Warren decisions onto the Crawley and D v A authorities. - Lost Evidence Cases - evolving case law in relation to failures to follow reasonable lines of enquiry in the context of CPS and DPP guidance on investigations into communication evidence. - Non-Disclosure Abuse - probably the most common category of abuse which is argued. The media have recently reported on cases where there were significant disclosure failings by prosecutors leading to the termination of proceedings, but what are the factors judges should consider in deciding whether non-disclosure amounts to abuse of process? - Entrapment abuse - Abuse of process after conviction - is this possible? The authors argue that, given a key objective of the doctrine of abuse of process is to protect the integrity of the criminal justice system, the doctrine should also apply post-conviction. - Is abuse of process in historic sex abuse dead? - In PR v R [2019] EWCA Crim 1225, a Court led by Lord Justice Fulford (the new Vice-President of the CACD) declined to interfere with a trial judge's decision to allow a case of historic sex abuse to proceed, even though the time periods of delay were significant, and the loss of material substantial. - New section in the Procedure Chapter on the making of Abuse Applications in Regulatory Proceedings - Criminal Procedure Rules 2015 - International abuse of process cases from the international courts"--

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 48,5 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047413714

Get Book

Judicial Integrity by Anonim Pdf

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Author : John D Jackson,Sarah J Summers
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 45,7 Mb
Release : 2018-03-22
Category : Law
ISBN : 9781782258360

Get Book

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

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 : Liz Campbell,Andrew Ashworth,Mike Redmayne
Publisher : Oxford University Press, USA
Page : 527 pages
File Size : 52,8 Mb
Release : 2019-06-25
Category : Criminal investigation
ISBN : 9780198818403

Get Book

The Criminal Process by Liz Campbell,Andrew Ashworth,Mike Redmayne Pdf

"The Criminal Process offers an insightful and stimulating analysis of the key issues in criminal process and procedure, drawing on arguments from the law, research, policy, and principle to present an authoritative overview of this area of study. New to this edition: coverage of the issues relating to disclosure in criminal proceedings; an increased focus on corporate suspects, including analysis of deferred prosecution agreements; consideration of recent changes to stop and search policies and practices, and to police bail" -- page 4 of cover.

Author : Michael Birzer,Cliff Roberson
Publisher : Taylor & Francis
Page : 402 pages
File Size : 49,8 Mb
Release : 2018-07-31
Category : Law
ISBN : 9781040082416

Get Book

Introduction to Criminal Investigation by Michael Birzer,Cliff Roberson Pdf

The manner in which criminal investigators are trained is neither uniform nor consistent, ranging from sophisticated training protocols in some departments to on-the-job experience alongside senior investigators in others. Ideal for students taking a first course in the subject as well as professionals in need of a refresher, Introduction to Criminal Investigation uses an accessible format to convey concepts in practical, concrete terms. Topics discussed include: The history of criminal investigation in Western society Qualifications for becoming an investigator, the selection process, and ideal training requirements Crime scene search techniques, including planning and post-search debriefing Preparing effective field notes and investigative reports Interviewing and interrogating Types of evidence found at the crime scene and how to collect, package, and preserve it The contributions of forensic science to criminal investigations and the equipment used in crime labs Investigative protocol for a range of crimes, including property crimes, auto theft, arson, financial crimes, homicide, assault, sex crimes, and robbery Specialized investigations, including drug trafficking, cybercrime, and gang-related crime Legal issues involved in criminal investigations and preparing a case for trial Bringing together contributions from law enforcement personnel, academics, and attorneys, the book combines practical and theoretical elements to provide a comprehensive examination of today‘s criminal investigative process. The accessible manner in which the information is conveyed makes this an ideal text for a wide-ranging audience.

Author : Malcolm M. Feeley
Publisher : Russell Sage Foundation
Page : 365 pages
File Size : 55,7 Mb
Release : 1979-10-03
Category : Social Science
ISBN : 9781610442015

Get Book

The Process is the Punishment by Malcolm M. Feeley Pdf

It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal

Author : Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser
Publisher : Oxford University Press
Page : 952 pages
File Size : 40,8 Mb
Release : 2019-02-22
Category : Law
ISBN : 9780190659868

Get Book

The Oxford Handbook of Criminal Process by Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser Pdf

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Author : Cari L. Votava,Jeanne M. Hauch,Francesco Clementucci
Publisher : World Bank Publications
Page : 159 pages
File Size : 47,5 Mb
Release : 2018-08-07
Category : Business & Economics
ISBN : 9781464812712

Get Book

License to Drill by Cari L. Votava,Jeanne M. Hauch,Francesco Clementucci Pdf

Natural resources have the transformational potential to support economic and political stability as well as contribute to national prosperity and economic development. However, in countries dependent upon natural resource sectors, poor management of these sectors often contributes to corruption, illicit financial flows (IFFs) and thus, poverty. Adequate transparency and accountability in regulatory management of these sectors is a challenge for resource rich countries. Poor licensing decisions in natural resource management can open a pandora’s box of corruption risks. This manual provides methods and options based on good practices to improve transparency, accountability, and integrity in the regulatory licensing process and integrity due diligence. The manual borrows models from the Basel Core Principle ‘fit and proper’ concept, and provides options for conducting effective (a) beneficial ownership; (b) criminal/legal; and (c) conflicts of interest checks, with a goal of integrating these into the regulatory licensing process. The manual also identifies common legal framework defects that can facilitate corruption risks, and offers options based on principles of regulatory integrity to reduce these risks. The good practices identified can help countries allocate limited financial resources in conducting thorough background checks in a cost-effective manner, as well as meet EITI’s requirements for public disclosure of beneficial owners and politically exposed persons. These strategies for reducing opportunities for corruption in extractive sectors can help reduce IFFs that can sap resources from the economy and inhibit a country’s ability to achieve the Sustainable Development Goals.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 40,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

Get Book

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 : Andrew L.-T. Choo
Publisher : Oxford University Press, USA
Page : 212 pages
File Size : 40,9 Mb
Release : 2008
Category : Law
ISBN : 0199280835

Get Book

Abuse of Process and Judicial Stays of Criminal Proceedings by Andrew L.-T. Choo Pdf

The criminal courts have the power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area.