Download or read book The Integrity of Criminal Process written by Jill Hunter and published by Bloomsbury Publishing. This book was released on 2016-08-11 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Download or read book Achieving Justice written by and published by Amer Bar Assn. This book was released on 2006 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 Judicial Responses to Pre Trial Procedural Violations in International Criminal Proceedings written by Kelly Pitcher and published by Springer. This book was released on 2017-12-14 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs’ law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.
Download or read book The Process is the Punishment written by Malcolm M. Feeley and published by Russell Sage Foundation. This book was released on 1979-10-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
Download or read book The Criminal Process written by Andrew Ashworth and published by Oxford University Press, USA. This book was released on 1994 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the English criminal justice system has been shaken by certain notorious cases such as the Guildford Four, the Birmingham Six, and the Cardiff Three. The quashing of convictions in these and other cases has brought to public notice the structural deficiencies which exist in the criminal justice system. In this book Professor Ashworth addresses one of the most controversial areas of the entire criminal process: the pre-trial stage. Taking as his starting point the detention of suspects in police custody, the author examines six key issues in the pre-trial process: the questioning of suspects, cautioning of offenders, prosecutorial review, remand decisions, mode of trial decisions, and plea bargaining. Drawing upon empirical research, substantive law, and official guidance, the author considers how the rights of victims and defendants are promoted within the system, and in particular considers the potential impact of the European Convention of Human Rights on the administration of criminal justice in England and Wales. The recommendations of the 1993 Royal Commission on Criminal Justice are critically appraised.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Introduction to Criminal Investigation written by Michael Birzer and published by Taylor & Francis. This book was released on 2018-07-31 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The manner in which criminal investigators are trained is neither uniform nor consistent, ranging from sophisticated training protocols in some departments to on-the-job experience alongside senior investigators in others. Ideal for students taking a first course in the subject as well as professionals in need of a refresher, Introduction to Criminal Investigation uses an accessible format to convey concepts in practical, concrete terms. Topics discussed include: The history of criminal investigation in Western society Qualifications for becoming an investigator, the selection process, and ideal training requirements Crime scene search techniques, including planning and post-search debriefing Preparing effective field notes and investigative reports Interviewing and interrogating Types of evidence found at the crime scene and how to collect, package, and preserve it The contributions of forensic science to criminal investigations and the equipment used in crime labs Investigative protocol for a range of crimes, including property crimes, auto theft, arson, financial crimes, homicide, assault, sex crimes, and robbery Specialized investigations, including drug trafficking, cybercrime, and gang-related crime Legal issues involved in criminal investigations and preparing a case for trial Bringing together contributions from law enforcement personnel, academics, and attorneys, the book combines practical and theoretical elements to provide a comprehensive examination of today‘s criminal investigative process. The accessible manner in which the information is conveyed makes this an ideal text for a wide-ranging audience.
Download or read book The Criminal Investigation Process written by Peter W. Greenwood and published by Free Press. This book was released on 1977 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Code of Conduct for United States Judges written by Judicial Conference of the United States and published by . This book was released on 1993 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arrest written by Wayne R. LaFave and published by [Boston] : Little, Brown. This book was released on 1965 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Young Corker and Summers on Abuse of Process in Criminal Proceedings written by General Editor: David Young and published by . This book was released on 2022 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Setting out the law relating to abuse of process in criminal law, it analyses the underlying issues and draws together the evolving case law on different aspects of abuse of process including delay, breach of promise, the destruction of evidence, non-disclosure, entrapment and extradition. In the last six years there has been a significant amount of new law relevant to the development of abuse of process in criminal proceedings under an evolving definition of abuse of process. - The new edition is fully updated throughout with new chapters and material on: - What is the current definition of an abuse of process? Reviews the evolution of the definition from the Beckford case, through the Maxwell and Warren decisions onto the Crawley and D v A authorities. - Lost Evidence Cases - evolving case law in relation to failures to follow reasonable lines of enquiry in the context of CPS and DPP guidance on investigations into communication evidence. - Non-Disclosure Abuse - probably the most common category of abuse which is argued. The media have recently reported on cases where there were significant disclosure failings by prosecutors leading to the termination of proceedings, but what are the factors judges should consider in deciding whether non-disclosure amounts to abuse of process? - Entrapment abuse - Abuse of process after conviction - is this possible? The authors argue that, given a key objective of the doctrine of abuse of process is to protect the integrity of the criminal justice system, the doctrine should also apply post-conviction. - Is abuse of process in historic sex abuse dead? - In PR v R [2019] EWCA Crim 1225, a Court led by Lord Justice Fulford (the new Vice-President of the CACD) declined to interfere with a trial judge's decision to allow a case of historic sex abuse to proceed, even though the time periods of delay were significant, and the loss of material substantial. - New section in the Procedure Chapter on the making of Abuse Applications in Regulatory Proceedings - Criminal Procedure Rules 2015 - International abuse of process cases from the international courts"--
Download or read book In Doubt written by Dan Simon and published by Harvard University Press. This book was released on 2012-06-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
