The Reform Of The Dutch Code Of Criminal Procedure In Comparative Perspective
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The Reform of the Dutch Code of Criminal Procedure in Comparative Perspective by M.S. Groenhuijsen,Tijs Kooijmans Pdf
Looking back at the findings of the 'Strafvorderling 2001'-research project, the contributions in this book discuss the question of whether the legislator has succeeded in improving the Dutch system of criminal procedure.
The Reform of the Dutch Code of Criminal Procedure in Comparative Perspective by M.S. Groenhuijsen,Tijs Kooijmans Pdf
During the last decades of the 20th century, a consensus has emerged that the Dutch Code of Criminal Procedure (CCP), which had entered into force in 1926, had become dysfunctional in connection with both main objectives of criminal procedure. The research project ‘Strafvordering 2001’ aimed at answering the question how a CCP would look which meets contemporary needs and corresponds to state of the art doctrinal views, and is coherent in the sense that it offers a systematic criminal procedure approach. The Dutch government responded to the research findings by means of the introduction of several legislative acts. The contributions in this book discuss the question of whether the legislator has succeeded in improving the law of criminal procedure.
Resolving Mass Disputes by Christopher Hodges,Astrid Stadler Pdf
Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Transitional Justice and the Public Sphere by Chrisje Brants,Susanne Karstedt Pdf
Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
Efficiency and Bureaucratisation of Criminal Justice by Ed Johnston,Anna Pivaty Pdf
This book tackles the growing issues concerning the managerialism and bureacratisation of criminal justice systems across a number of jurisdictions. Here, managerialism means the move towards more standardised, bureaucratic and efficiency-driven systems, influenced by a desire to ensure predictability, control risks and, ultimately, economic savings via a more efficient process. The volume explores the phenomenon of managerialism in selected national criminal legal systems, covering all stages of criminal case processing from arrest to the imposition of sanction. The selected countries represent diverse socio-economic, political, cultural and legal traditions including common law, civil law, mixed common and civil law and post-Soviet tradition. The book engages with a variety of relevant theoretical concepts, such as fairness, rationality, efficiency and legitimacy. The authors critically examine whether and to what extent the trend towards managerialism is indeed discernible, and what are its likely effects in the given national criminal legal systems. The book will be of interest to students, researchers and practitioners working in the areas of comparative criminal justice and procedure.
The Future of Police and Judicial Cooperation in the EU by Cyrille J.C.F. Fijnaut,Jannemieke Ouwerkerk Pdf
Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.
Fitness to Plead by Ronnie Mackay,Warren Brookbanks Pdf
The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.
The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870 by Ronnie Bloemberg Pdf
This book describes and explains how the so-called system of legal proofs, which consisted of a strict set of evidentiary rules, was replaced with the free evaluation of the evidence in France, Germany and the Netherlands between 1750 and 1870.
Criminology and Criminal Justice Systems of the World by Peter O. Nwankwo Pdf
Professor Peter Nwankwo argues based on this textbook volume I, that the world has been turned into a global village, and that we have no reason(s) to ignore the awareness of what is going on in other countries of the world. This textbook "Criminology and criminal Justice System of the world: A comparative perspective" is a unique text, not because of its title, but because it contains what will ever be needed for the undergraduate and graduate students in the field of Criminology and Criminal Justice, especially those taking a course in Comparative Criminal Justice. The text is prodigious and profusely descriptive, explored, and explained by researching the police, the court systems, corrections or prisons, including Juvenile Justice Systems and Crime Statistics in the following countries: United States of America, china, Saudi Arabia, Japan, The Netherlands, Bulgaria, Haiti, Botswana, Philippines, Uganda, and Israel. It is worthy to note that the United States of America had too much information, so it was necessary to split it into two chapters i.e. chapter one, and chapter two. Additionally, The Netherlands was also split into two chapters thus: Chapters 6 & 7: The overall Chapters in this Volume I are thirteen. VOLUME II Volume two of this text contains twenty four chapters and over 24 countries were researched and included as follows, and will be published in a few in a few months .The countries are: Nigeria, Norway, Northern Ireland, England and Wales, Estonia, Ethiopia, Egypt, South America, Mauritania, Jamaica, Iraq, Dominican Republic, Turkey, South Africa, Russia, Kenya, Romania, Congo, Germany, France, Cameroon, Ghana and Denmark. No matter the adversities of the readers and purchasers, I do strongly advice that you order these two volumes together, when the later would be available on the internet or through the publishers.
Powers of the Prosecutor in Criminal Investigation by Karolina Kremens Pdf
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Effective Criminal Defence in Europe by Ed Cape Pdf
Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a
The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings by Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn Pdf
The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.
