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Author : New South Wales. Law Reform Commission
Publisher : Unknown
Page : 124 pages
File Size : 53,7 Mb
Release : 2000
Category : Criminal investigation
ISBN : STANFORD:36105062237990
Author : New South Wales. Law Reform Commission
Publisher : Unknown
Page : 258 pages
File Size : 45,7 Mb
Release : 2000
Category : Criminal investigation
ISBN : STANFORD:36105062238154
Author : Gareth Griffith
Publisher : Unknown
Page : 75 pages
File Size : 44,6 Mb
Release : 2000
Category : Pre-trial procedure
ISBN : 0731316800
Author : Hannah Quirk
Publisher : Routledge
Page : 226 pages
File Size : 40,8 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781136008085
Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.
Author : New South Wales. Law Reform Commission
Publisher : Unknown
Page : 203 pages
File Size : 41,7 Mb
Release : 2012
Category : Instructions to juries
ISBN : 0734726805
This report is about the directions that judges give to juries in the course of a criminal trail, and particularly at the summing up. These directions are designed to help jurors understand as much of the law and the issues that arise in the case as they need to make proper use of the evidence and to reach a verdict.
Author : Paul Roberts,Jill Hunter
Publisher : Bloomsbury Publishing
Page : 450 pages
File Size : 49,7 Mb
Release : 2012-05-18
Category : Law
ISBN : 9781847319456
Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Author : New South Wales. Law Reform Commission
Publisher : Unknown
Page : 100 pages
File Size : 55,5 Mb
Release : 2005
Category : Criminal procedure
ISBN : 0734726198
It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
Author : Adam Graycar,Peter Grabosky
Publisher : Cambridge University Press
Page : 414 pages
File Size : 50,6 Mb
Release : 2002-06-20
Category : Law
ISBN : 0521818451
This book is the complete reference work on Australian criminology.
Author : R. H. Helmholz
Publisher : University of Chicago Press
Page : 336 pages
File Size : 44,9 Mb
Release : 1997-06-08
Category : Law
ISBN : 0226326608
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Author : Miiko Kumar,Elisabeth Peden,Daniel Tynan
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2023
Category : Evidence (Law)
ISBN : 045524765X
"Uniform Evidence Law: Commentary and Materials 7th edition has been updated throughout to provide essential case extracts and thoughtful concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania"--Back cover.
Author : André Klip
Publisher : Intersentia nv
Page : 884 pages
File Size : 50,7 Mb
Release : 2001
Category : Arbitration (International law)
ISBN : 9789050951418
Author : Jason Payne
Publisher : Unknown
Page : 81 pages
File Size : 46,8 Mb
Release : 2007-01-01
Category : Court congestion and delay
ISBN : 1921185325
This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.
Author : South African Law Commission
Publisher : Unknown
Page : 206 pages
File Size : 55,9 Mb
Release : 2001
Category : Adversary system (Law)
ISBN : STANFORD:36105063138486
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 41,6 Mb
Release : 2007
Category : Civil procedure
ISBN : OCLC:225572333
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.