Defendant Participation In The Criminal Process

Author : Abenaa Owusu- Bempah
Publisher : Taylor & Francis
ISBN 13 : 1317664698
Total Pages : 200 pages
Book Rating : 4.97/5 ( download)

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Download or read book Defendant Participation in the Criminal Process written by Abenaa Owusu- Bempah and published by Taylor & Francis. 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.

Author : Serena Quattrocolo
Publisher : Springer
ISBN 13 : 3030011860
Total Pages : 744 pages
Book Rating : 4.64/5 ( download)

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Download or read book Personal Participation in Criminal Proceedings written 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.

Author : Jacqueline E. Ross
Publisher : Edward Elgar Publishing
ISBN 13 : 1781007195
Total Pages : 576 pages
Book Rating : 4.98/5 ( download)

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Download or read book Comparative Criminal Procedure written by Jacqueline E. Ross and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.

Author : A. E. Bottoms
Publisher : Routledge
ISBN 13 : 1135074399
Total Pages : 265 pages
Book Rating : 4.95/5 ( download)

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Download or read book Defendants in the Criminal Process (Routledge Revivals) written 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.

Author : Laura I Appleman
Publisher : Cambridge University Press
ISBN 13 : 1316240126
Total Pages : 251 pages
Book Rating : 4.20/5 ( download)

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Download or read book Defending the Jury written by Laura I Appleman and published by Cambridge University Press. This book was released on 2015-04-09 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive. Using the prism of the Sixth Amendment community jury trial, this book offers fresh and much-needed ways to incorporate the citizenry into the procedures of criminal justice, thereby resulting in greater investment and satisfaction in the system. It exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. Ultimately, the people's right to participate in the criminal justice system through the criminal jury - a right that is all too often overlooked - is essential to truly legitimizing the criminal process and ensuring its democratic nature.

Author : American Bar Association
Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.34/5 ( download)

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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.

Author : Lloyd L. Weinreb
Publisher :
ISBN 13 :
Total Pages : 1516 pages
Book Rating : 4.87/5 ( download)

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Download or read book Criminal Process written by Lloyd L. Weinreb and published by . This book was released on 1993 with total page 1516 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Darryl K. Brown
Publisher : Oxford University Press
ISBN 13 : 0190659858
Total Pages : 952 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Oxford Handbook of Criminal Process written 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.

Author : Ronnie Mackay
Publisher : Oxford University Press
ISBN 13 : 0191092711
Total Pages : 319 pages
Book Rating : 4.18/5 ( download)

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Download or read book Fitness to Plead written by Ronnie Mackay and published by Oxford University Press. This book was released on 2018-06-21 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Bethel G. A. Erastus-Obilo
Publisher : Universal-Publishers
ISBN 13 : 1599426897
Total Pages : 348 pages
Book Rating : 4.91/5 ( download)

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Download or read book The Place of the Explained Verdict in the English Criminal Justice System: Decision-making and Criminal Trials written by Bethel G. A. Erastus-Obilo and published by Universal-Publishers. This book was released on 2008-10-30 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode