Download or read book Review of Convictions after Jury Trials written by Bron McKillop and published by . This book was released on 2006 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French have recently created a jury court of appeal (cour d'assises d'appel) for appeals from the jury trial court (cour d'assises) which latter, transplanted from the British after the Revolution, judges serious criminal cases. A convicted accused has now a right to a new trial before another jury court. This article looks at why and how this new court came to be added to the French criminal justice system. It notes that that system, essentially operated by legal professionals (judges and prosecutors), has now opted for an increased role for lay persons in the disposition of serious criminal cases. It also notes that despite the second chance offered those convicted by the cour d'assises there has so far been a low level of appeals (about 10 per cent of convictions), partly explicable perhaps by a rate of re-conviction no lower than in the cour d'assises - 95 per cent.The article then considers by way of contrast how the United Kingdom and Australia have dealt with appeals from convictions by juries, noting that convictions by the well entrenched and highly regarded criminal juries in those jurisdictions may be overridden by courts of criminal appeal on very broad criteria (unsafe conviction, miscarriage of justice) which ultimately allow a subjective judicial reaction to the guilt of the accused. It may be seen as ironic that the French have extended the use of the jury in giving an accused a second chance while the British and Australians have allowed a degree of judicial second guessing over jury verdicts. The article also looks at alternative revision procedures for alleged miscarriages of justice in serious criminal cases in France, the United Kingdom and Australia.
Download or read book Twenty Million Angry Men written by James M. Binnall and published by University of California Press. This book was released on 2021-02-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, all but one U.S. jurisdiction restricts a convicted felon’s eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them? Twenty Million Angry Men provides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability.
Download or read book Texas Criminal Jury Charges written by Elizabeth Berry and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Convicted by Juries Exonerated by Science written by Edward F. Connors and published by DIANE Publishing. This book was released on 1996 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of DNA technology furthers the search for truth by helping police & prosecutors in the fight against violent crime. Most of the individuals whose stories are told in the report were convicted after jury trials & were sentenced to long prison terms. They successfully challenged their convictions, using DNA tests on existing evidence. They had served, on average, seven years in prison. By highlighting the importance & utility of DNA evidence, this report presents challenges to the scientific & justice communities. A task ahead is to maintain the highest standards for the collection & preservation of DNA evidence.
Download or read book Expediting Review of Felony Convictions After Trial written by Advisory Council on Appellate Justice. Committee on Criminal Appeals and published by . This book was released on 1973 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Download or read book Reasons to Doubt written by Carolyn Hoyle and published by Oxford University Press. This book was released on 2019-01-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reveals what happens to applications for post-conviction review when those in England, Wales, and Northern Ireland who believe they are wrongfully convicted apply to the Criminal Cases Review Commission, the only body that can refer a case back to the Court of Appeal once appellants opportunities for direct appeal are exhausted. While the Court is obliged to hear all such referrals, the Commission can only refer a case where it believes there is a real possibility that the Court will quash the conviction. The first empirical study of all stages of decision-making within the Commission, this book starts from the premise that the test applied by the Commission (the real possibility test) is not inflexible. Though created by statute and refined through case law, it must be determined on a case-by-case basis, drawing too on cultural and structural variables, alongside fresh evidence gathered by the Commission. Through in-depth analysis of case files and interviews, Hoyle and Sato scrutinize the Commissions operational practices, its working rules and assumptions, considering how these influence its understanding of the real possibility test. Situating their rich empirical data within a framework of the Commissions social, organizational, and legal contexts, this book demonstrates that in its open-ended investigations there is considerable scope for discretion; for thorough exploration of all possible avenues or for choosing a more superficial consideration of a case. It emerges that while structured internal guidance, drawing heavily on Court jurisprudence, shapes decision-making, creating consistency in approach, there remains some variability across cases, over time, that can be accounted for by the different professional backgrounds and personalities of Commission staff.
Download or read book Expediting Review of Felony Convictions After Trial written by Advisory Council on Appellate Justice. Committee on Criminal Appeals and published by . This book was released on 1973 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Convicting the Innocent written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2011-08-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Tried and Convicted written by and published by Rowman & Littlefield. This book was released on 2012 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conviction written by Donald J. Newman and published by Boston; Toronto : Little, Brown. This book was released on 1966 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report of the American Bar Foundation's survey of the adminstration of criminal justice in the United States.
Download or read book Handbook for trial jurors serving in the United States District Courts written by and published by . This book was released on 2003 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: ... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Twenty Million Angry Men written by James M. Binnall and published by University of California Press. This book was released on 2021-02-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, all but one U.S. jurisdiction restricts a convicted felon’s eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them? Twenty Million Angry Men provides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability.
Download or read book American Justice in the Age of Innocence written by Hillary K. Valderrama and published by iUniverse. This book was released on 2011-07-27 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exoneration of more than two hundred and fifty people who have been wrongfully convicted makes it clear that Americas criminal justice system isnt foolproof. Its important to understand the causes of wrongful conviction in order to find solutions to this growing problem. Edited by one of the nations leading legal scholars and two of her top students, this collection of essays examines critical issues, including what American justice in the age of innocence looks like; how to implement procedural mechanisms to ensure the integrity of the judicial system while safeguarding the public; whether or not the legal system is doing a good enough job uncovering wrongful convictions. This anthology provides insightful lessons based on cutting-edge research and legal analysis. Wrongful convictions are not a foregone conclusion, but the justice system must break free from a pattern of punishing innocent people and go after the true culprits. Written for judges, lawyers and scholars alike, American Justice in the Age of Innocence educates the public and helps current prisoners who are innocent contest their wrongful convictions.
