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Author : Glanville Llewelyn Williams
Publisher : Unknown
Page : 346 pages
File Size : 44,9 Mb
Release : 1958
Category : Criminal procedure
ISBN : STANFORD:36105044385644
Author : Williams Glanville
Publisher : Unknown
Page : 373 pages
File Size : 53,9 Mb
Release : 1963
Category : Electronic
ISBN : OCLC:881015425
Author : Glanville Llewelyn Williams
Publisher : Unknown
Page : 392 pages
File Size : 50,6 Mb
Release : 1963
Category : Criminal procedure
ISBN : STANFORD:36105044385636
Author : Glanville Llewellyn WILLIAMS
Publisher : Unknown
Page : 128 pages
File Size : 51,5 Mb
Release : 1955
Category : Electronic
ISBN : OCLC:504454943
Author : Richard L. Lippke
Publisher : Oxford University Press
Page : 288 pages
File Size : 55,5 Mb
Release : 2016-02-01
Category : Social Science
ISBN : 9780190469207
The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
Author : James Fitzjames Stephen
Publisher : Unknown
Page : 520 pages
File Size : 42,7 Mb
Release : 1863
Category : Criminal law
ISBN : BL:A0017685727
Author : Rupert Cross,Sir Alfred Rupert Neale Cross,Sir Rupert Cross
Publisher : CUP Archive
Page : 24 pages
File Size : 50,7 Mb
Release : 1976-10-14
Category : Law
ISBN : 052121405X
Author : Anonim
Publisher : Unknown
Page : 208 pages
File Size : 52,9 Mb
Release : 2004
Category : Criminal procedure
ISBN : 1472559657
Author : Federico Picinali
Publisher : Oxford University Press
Page : 305 pages
File Size : 41,7 Mb
Release : 2022-08-04
Category : Law
ISBN : 9780192633545
Most contemporary criminal justice systems adopt a 'binary' system of verdicts. In a binary system, there is a single evidential threshold, or standard of proof. If the standard is met, the verdict is 'guilty', the defendant is convicted, and punishment is permitted. If the standard is not met, the verdict is 'not guilty', the defendant is acquitted, and punishment is forbidden. There is no middle ground between the verdict of 'not guilty' and that of 'guilty'. An intermediate verdict represents such middle ground, intermediate between acquittal and conviction both in terms of the strength of the incriminating evidence that is needed to warrant the verdict and in terms of the severity of the consequences that the verdict may produce for the defendant. Justice In-Between is a study of intermediate criminal verdicts and advances a novel justification of such controversial devices, with the aim to produce a consensus amongst scholars subscribing to different theories of punishment. Indeed, the book shows that one cannot investigate the choice of the standard of proof nor, importantly, that of the verdict system, in isolation from the question of the justification for punishing. Justice In-Between studies historical and extant examples of intermediate criminal verdicts and engages with the debates that have accompanied them, including the popular argument that intermediate criminal verdicts are incompatible with the presumption of innocence. In doing so, the book offers an original account of the meaning and of the justification of the presumption. Relying on decision theory, Justice In-Between makes a case for intermediate criminal verdicts and shows that such decision-theoretic case is viable under any of the main theories of punishment.
Author : John Frederick Archbold
Publisher : Unknown
Page : 1104 pages
File Size : 44,7 Mb
Release : 1858
Category : Criminal law
ISBN : UCAL:B4312547
Author : David Bentley
Publisher : Bloomsbury Publishing
Page : 335 pages
File Size : 50,7 Mb
Release : 1998-07-01
Category : History
ISBN : 9780826442925
An account of the 19th-century criminal justice system as a whole, from the crimes committed and the classification of offences to the different courts and their procedure. The author describes the stages of criminal prosecution -- committal, indictment, trial, verdict and punishment -- and the judges, lawyers and juries, highlighting the significant changes in the rules of evidence during the century. He looks at reform of the old system and assesses how far it was brought about by lawyers themselves and how far by external forces. Finally, he considers the fairness of the system, both as seen by contemporaries and in modern times.
Author : R A Duff,Lindsay Farmer,Sandra Marshall,Victor Tadros
Publisher : Hart Publishing
Page : 224 pages
File Size : 52,6 Mb
Release : 2004-12-31
Category : Law
ISBN : 1841134422
The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the forum in which both guilt and innocence and sentence are determined. Its continuing significance is evidenced by the heated responses drawn by recent government proposals to reform rules of criminal procedure and evidence so as to alter the status of the trial within the criminal justice process and to limit the role of the jury. Yet for all of the attachment to trial by jury and to principles safeguarding the right to a fair trial there has been remarkably little theoretical reflection on the meaning of fairness in the trial and criminal procedure, the relationship between rules of evidence, procedure and substantive law, or the functions and normative foundations of the trial process. There is a need, in other words, to develop a normative understanding of the criminal trial. The book is based on the proceedings of two workshops which took place in 2003, addressing the theme of Truth and Due Process in the Criminal Trial. The essays in the book are concerned with the question of whether, and in what sense, we can take the discovery of truth to be the central aim of the procedural and evidential rules and practices of criminal investigation and trial. They are divided into four parts addressing distinct but inter-related issues: models of the trial (Duff, Matravers, McEwan); the meaning of due process (Gunther, Dubber); the meaning of truth and the nature of evidence (Jung, Pritchard); and legitimacy and rhetoric in the trial (Burns, Christodoulidis).
Author : Claire Hamilton (Barrister)
Publisher : Justice in Controversy
Page : 276 pages
File Size : 45,7 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 : Henry Roscoe
Publisher : Unknown
Page : 988 pages
File Size : 49,6 Mb
Release : 1852
Category : Evidence, Criminal
ISBN : NYPL:33433075957385
Author : Patrick Baron Devlin
Publisher : Unknown
Page : 232 pages
File Size : 40,6 Mb
Release : 1966
Category : Criminal procedure
ISBN : STANFORD:36105044052293