Download Defendant Participation in the Criminal Process PDF

Defendant Participation in the Criminal Process

Author :
Publisher : Routledge
Release Date :
ISBN 10 : 0367075547
Pages : 200 pages
Rating : 4.7/5 (67 downloads)

Download Defendant Participation in the Criminal Process PDF Full Free by Abenaa Owusu- Bempah and published by Routledge. This book was released on 2018-10-18 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant's role as a participant in the criminal process and the ramifications of penalising a defendant's non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant's duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.


Download Defendant Participation in the Criminal Process PDF

Defendant Participation in the Criminal Process

Author :
Publisher : Routledge
Release Date :
ISBN 10 : 9781317664680
Pages : 200 pages
Rating : 4.4/5 (646 downloads)

Download Defendant Participation in the Criminal Process PDF Full Free by Abenaa Owusu- Bempah and published by Routledge. This book was released on 2016-10-04 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.


Download Personal Participation in Criminal Proceedings PDF

Personal Participation in Criminal Proceedings

Author :
Publisher : Springer
Release Date :
ISBN 10 : 9783030011864
Pages : 744 pages
Rating : 4.1/5 (118 downloads)

Download Personal Participation in Criminal Proceedings PDF Full Free by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.


Download The Oxford Handbook of Criminal Process PDF

The Oxford Handbook of Criminal Process

Author :
Publisher : Oxford University Press
Release Date :
ISBN 10 : 9780190659868
Pages : 952 pages
Rating : 4.9/5 (598 downloads)

Download The Oxford Handbook of Criminal Process PDF Full Free by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Download Victimology PDF

Victimology

Author :
Publisher : Routledge
Release Date :
ISBN 10 : 9781135390617
Pages : 320 pages
Rating : 4.0/5 (96 downloads)

Download Victimology PDF Full Free by Lorraine Wolhuter and published by Routledge. This book was released on 2008-07-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should the needs of victims of crime be met by the criminal justice system? Have the rights of victims been neglected in order to ensure that a defendant is brought to 'justice'? Who are the victims of crime and why are they targeted? This new book examines the theoretical arguments concerning victimization before examining who victims actually are and the measures taken by the criminal justice system to enhance their position. Particular attention is paid to the victimization of women, LGBT persons, minority ethnic persons and the elderly. The book engages in a detailed exposition of the law’s response to such victimization, focusing on the measures adopted in international human rights law, by the Council of Europe, and in English law and policy. It also assesses alternative models of victim participation in criminal proceedings in European jurisdictions such as Germany, Sweden and the Netherlands. Adopting an interdisciplinary approach which encompasses law, criminology and social policy, the book is ideal for undergraduates taking an option in victimology, race and crime, or gender and crime, whatever their disciplinary background.


Download Victim Participation Rights PDF

Victim Participation Rights

Author :
Publisher : Springer
Release Date :
ISBN 10 : 9783030045463
Pages : 309 pages
Rating : 4.5/5 (454 downloads)

Download Victim Participation Rights PDF Full Free by Kerstin Braun and published by Springer. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.


Download Access to Justice in Magistrates' Courts PDF

Access to Justice in Magistrates' Courts

Author :
Publisher : Bloomsbury Publishing
Release Date :
ISBN 10 : 9781509937851
Pages : 240 pages
Rating : 4.7/5 (378 downloads)

Download Access to Justice in Magistrates' Courts PDF Full Free by Lucy Welsh and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.


Download Obstacles to Fairness in Criminal Proceedings PDF

Obstacles to Fairness in Criminal Proceedings

Author :
Publisher : Bloomsbury Publishing
Release Date :
ISBN 10 : 9781782258377
Pages : 256 pages
Rating : 4.8/5 (583 downloads)

Download Obstacles to Fairness in Criminal Proceedings PDF Full Free by John D Jackson and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Download Defendants in the Criminal Process (Routledge Revivals) PDF

Defendants in the Criminal Process (Routledge Revivals)

Author :
Publisher : Routledge
Release Date :
ISBN 10 : 9781135074395
Pages : 265 pages
Rating : 4.4/5 (743 downloads)

Download Defendants in the Criminal Process (Routledge Revivals) PDF Full Free by A. E. Bottoms and published by Routledge. This book was released on 2013-10-14 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1976, this book examines the practical workings of the English criminal court system, focusing on the defendant’s experiences of the system and the decisions he takes as he passes through it. Indeed, the defendant in a criminal case is in a unique position to experience the whole criminal process, from the first approaches of the investigating policeman to conviction, sentence and possible appeal. Defendants in the Criminal Process is based upon the close observation of criminal cases and on interviews with defendants. The authors raise several issues and questions to be addressed by those involved in the administration of justice, whether as court administrators, judges, magistrates or lawyers. They also discuss issues of special importance for academics and others concerned with the explanation of the court process.


Download The Structure of Criminal Procedure PDF

The Structure of Criminal Procedure

Author :
Publisher : Praeger
Release Date :
ISBN 10 : UOM:39015011637116
Pages : 226 pages
Rating : 4./5 ( downloads)

Download The Structure of Criminal Procedure PDF Full Free by Barton L. Ingraham and published by Praeger. This book was released on 1987 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A model is developed for analyzing criminal procedure across nations and cultures, and applied to the U.S., France, the U.S.S.R. and China. The model envisions common functions of arrest and detention, screening, charging and defending, trial, sanctioning and appeal. The comparison reveals significant differences between inquisitorial and adversarial systems, including the extent of court authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between noncommunist and communist inquisitorial systems involve personnel who perform each function, degrees of public participation, and the educative-rehabilitative function of the criminal justice process. Criminal Justice Abstracts The Structure of Criminal Procedure presents, for the first time ever, a detailed comparison of the criminal procedures of four major nations--France, the United States, China, and the Soviet Union. In addition, the author also develops his theory on the Morphology of Criminal Procedure which hypothesizes that there is a common structure in every modern procedural system no matter how different it may appear on the surface. He stresses six basic functions inherent in all systems--arrest and trial, detention, screening, charging and defending, trial, sanctioning, and appeal--and he successively analyzes each of them in depth. Practical ways to apply his model are provided along with encouragement for others to engage in new comparative studies, or studies of individual systems, in order to clarify the ways in which the practical demands of society, the legal profession, and legal institutions interact with the functional needs of the system to produce new ways of procedure or new ways of using old procedures.


Download  PDF

Author :
Publisher :
Release Date :
ISBN 10 : 9780198788478
Pages : pages
Rating : 4.8/5 (884 downloads)

Download PDF Full Free by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download Rehab Brief PDF

Rehab Brief

Author :
Publisher :
Release Date :
ISBN 10 : MINN:30000010538779
Pages : pages
Rating : 4./5 ( downloads)

Download Rehab Brief PDF Full Free by and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download Reason Curve, Jury Competence, and the English Criminal Justice System PDF

Reason Curve, Jury Competence, and the English Criminal Justice System

Author :
Publisher : Universal-Publishers
Release Date :
ISBN 10 : 9781599429267
Pages : 272 pages
Rating : 4.9/5 (292 downloads)

Download Reason Curve, Jury Competence, and the English Criminal Justice System PDF Full Free by Bethel Erastus-Obilo and published by Universal-Publishers. This book was released on 2009 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason Curve, Jury Competence, and the English Criminal Justice System, a cross-jurisdictional and cross-disciplinary book, seeks to stimulate discussion and extend the debate in the area of criminal trials in light of the absence of an articulated explanation for a verdict. The book traces the history and development of the jury, from the Carolingian kings, its advancement in the English Courts following papal intervention, the impact of the Magna Carta, to its general use, current curtailment in England and Wales, and re-emergence in Continental Europe. Central to the book's submission is the dictum that the jurors' franchise to deliver a cryptic verdict is 'a matter between them and their conscience.' In light of human and civil rights movements, the book advances arguments that a cryptic verdict may offend the principle of fair trials in criminal justice. This is amplified by the presence of a developing and significant body of law that demands that decisions by public officers be accompanied by articulated pronouncements regarding the basis for their decision. While the book does not contend with the sanctity of jury deliberations and recognizes the difficulties associated with reason articulation by lay assessors, it argues that the jury continuum provides a fertile ground not only for articulating a verdict in light of human experiences, but also for generating the reason curve, which provides legitimacy for that verdict. Furthermore, the reason curve argues that it is entirely possible for the jury to articulate its reasons provided the Criminal Justice System makes provisions not just to expect an explained verdict from the jury, but also provides it with the necessary facilities needed for compliance. Exploring research and sources in the fields of law and psychology in Europe, the USA, and other jurisdictions around the world, this book is written for an international audience as a catalyst for the student of legal jurisprudence who has interests in the concepts of reason, accountability, transparency, and human rights in the criminal justice system. It is also written for the cognitive and behavioral psychologist with an interest in lay decision-making in criminal trials. In the large legal jurisdictions of the USA and Canada, the right to a jury trial is enshrined in state articles. As such, there is less tinkering with the institution. In England and Wales where Parliament is supreme and the constitution is unwritten, no such right exists. Consequently, the government enjoys tremendous leeway in tinkering with the 'right to jury trial.' Whether or not the institution can evolve to deliver a 21st Century approach is a matter for full debate, research, and the march of time.


Download Access to Justice in Magistrates' Courts PDF

Access to Justice in Magistrates' Courts

Author :
Publisher : Bloomsbury Publishing
Release Date :
ISBN 10 : 9781509937837
Pages : 203 pages
Rating : 4.7/5 (378 downloads)

Download Access to Justice in Magistrates' Courts PDF Full Free by Lucy Welsh and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.


Download New York State Criminal Procedure 2015 PDF

New York State Criminal Procedure 2015

Author :
Publisher : Lulu.com
Release Date :
ISBN 10 : 9781312678705
Pages : 372 pages
Rating : 4.8/5 (787 downloads)

Download New York State Criminal Procedure 2015 PDF Full Free by John Snape and published by Lulu.com. This book was released on 2014-11-15 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complete text of the New York State Criminal Procedure 2015 version. Updates to the text are included inline within the book. Includes the following: Part 1 - General Provisions; Part 2 - The Principal Proceedings; Part 3 - Special Proceedings And Miscellaneous Proceedings.


Download New York State Criminal Procedure and Penal Code 2016 PDF

New York State Criminal Procedure and Penal Code 2016

Author :
Publisher : Lulu.com
Release Date :
ISBN 10 : 9781329607422
Pages : 672 pages
Rating : 4.7/5 (74 downloads)

Download New York State Criminal Procedure and Penal Code 2016 PDF Full Free by John Snape and published by Lulu.com. This book was released on 2015-10-08 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complete text of the New York State Criminal Procedure and Penal Code. Updates to the text are included inline within the book. This is the 2016 version of the law. The Criminal Procedure includes the following: Part 1 - General Provisions; Part 2 - The Principal Proceedings; Part 3 - Special Proceedings And Miscellaneous Proceedings. The Penal Code includes the following: Part 1 - General Provisions; Part 2 - Sentences; Part 3 - Specific Offenses; Part 4 - Administrative Provisions; Also includes Public Health Law - Article 33 - Title 5-A (The Medical Marihuana laws) and Appendix - List of Offenses in Alphabetical Order with Section Numbers.


Download Criminal Procedure Law of the State of New York PDF

Criminal Procedure Law of the State of New York

Author :
Publisher : LexisNexis
Release Date :
ISBN 10 : 9781522190011
Pages : 1236 pages
Rating : 4.0/5 (9 downloads)

Download Criminal Procedure Law of the State of New York PDF Full Free by Publisher's Editorial Staff and published by LexisNexis. This book was released on 2019-11-15 with total page 1236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing Chapter 11-A of the Consolidated Laws of New York, this is the essential handbook for New York criminal procedure law. From the commencement of an action through final sentencing and appeals, Criminal Procedure Law of New York allows you to see the law relating to every step of the trial process. Further information on pretrial law enforcement activity, securing witnesses, warrants, and bail add to this indispensable eBook.


Popular Books