Defendant Participation in the Criminal Process

Defendant Participation in the Criminal Process
Author: Abenaa Owusu- Bempah
Publisher: Taylor & Francis
Total Pages: 229
Release: 2016-10-04
Genre: Law
ISBN: 1317664698

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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.

The Criminal Process

The Criminal Process
Author: Andrew Ashworth
Publisher: Oxford University Press, USA
Total Pages: 344
Release: 1994
Genre: Humor
ISBN:

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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.

The Oxford Handbook of Criminal Process

The Oxford Handbook of Criminal Process
Author: Darryl K. Brown
Publisher: Oxford University Press
Total Pages: 952
Release: 2019-02-22
Genre: Law
ISBN: 0190659866

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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.

In Doubt

In Doubt
Author: Dan Simon
Publisher: Harvard University Press
Total Pages: 416
Release: 2012-06-30
Genre: Law
ISBN: 0674065115

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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.

Criminal Process in Queensland

Criminal Process in Queensland
Author: Heather Douglas
Publisher:
Total Pages: 482
Release: 2017
Genre: Criminal justice, Administration of
ISBN: 9780455239750

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This well-researched and clearly written book covers the spectrum of criminal process in Queensland, including areas often neglected by other texts, beginning with an overview of recent reforms and the onus of proof the book covers police investigation procedures, police accountability and charge and bail, through to pre-trial processes, trial, sentencing and appeal. The book also includes a discussion of the role of and response to victims in the criminal justice process.

The Bail Book

The Bail Book
Author: Shima Baradaran Baughman
Publisher: Cambridge University Press
Total Pages: 331
Release: 2018
Genre: Law
ISBN: 1107131367

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Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

Criminal Procedure

Criminal Procedure
Author: Neil P. Cohen
Publisher:
Total Pages: 872
Release: 2008
Genre: Law
ISBN:

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Criminal Law, Procedure, and Evidence

Criminal Law, Procedure, and Evidence
Author: Walter P. Signorelli
Publisher: Taylor & Francis
Total Pages: 396
Release: 2023-10-12
Genre: Law
ISBN: 1000959236

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Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.

Criminal Procedures

Criminal Procedures
Author: Marc L. Miller
Publisher: Aspen Publishing
Total Pages: 1058
Release: 2019-03-07
Genre: Law
ISBN: 1543809693

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In Criminal Procedures: Prosecution and Adjudication: Cases, Statutes, and Executive Materials, Sixth Edition, the highly respected author team presents a student-friendly, comprehensive survey of the laws and practices at work between the time a person is charged and the moment when the courts hear an appeal after the offender’s conviction and sentence. In the Sixth Edition, the authors retain the vitality and contemporary approach of the book with an updated selection of cases, statutes, and office policies. Covering in detail the “bail-to-jail” portions of the criminal process, this casebook features: Extensive use of documents from multiple institutions including U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and prosecutorial policies A real world perspective that focuses on high-volume issues of current importance to defendants, lawyers, courts, legislators, and the public instead of intricate but rarely-encountered questions Interdisciplinary examination of the impact that different procedures have on the enforcers, lawyers, courts, communities, defendants, and victims Points of comparison between U.S. practices and the systems at work in other countries Frequent use of Problems to give the instructor options for applying concepts and doctrines in realistic practice settings. New to the Sixth Edition: Two new authors join the editorial team: Jenia I. Turner of SMU Dedman School of Law and Kay L. Levine of Emory University School of Law: With her doctoral training in Socio-Legal Studies and her balanced experience as a prosecutor and a defense attorney in state court, Professor Levine sharpens the focus of the book on the real-world operation of courtroom actors in high-volume state systems. With her background in international criminal tribunals and comparative criminal procedure, Professor Turner strengthens the comparisons between court systems in the U.S. and those around the world. As experienced and celebrated classroom teachers, both Professors Turner and Levine bring closer attention to student learning needs in every chapter of the book. A revamped Chapter 2 surveys the major changes in the use of money bail and risk assessment algorithms, previewing the prospects for further system reforms. Chapter 3 covers newsworthy recent changes in the charging policies and diversion practices of prosecutors’ offices, especially those in urban areas such as Philadelphia. Chapter 7 expands its coverage of the tensions between fair trials and public trials, including new materials on public access to court files and statistics. A refocused Chapter 9 provides a more detailed and vivid portrait of sentencing hearings and the use of risk assessment instruments. Professors and students will benefit from: Materials that support class discussion, including criminal justice actors beyond the nine Justices of the U.S. Supreme Court: the vision is “street level federalism” Materials that give students a nuanced portrait of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends A supporting website that offers exemplar documents, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit Intuitive organization—tracking the typical order of events in criminal court—that makes it easy to see connections among different areas of the law

The Machinery of Criminal Justice

The Machinery of Criminal Justice
Author: Stephanos Bibas
Publisher: Oxford University Press
Total Pages: 320
Release: 2012-02-28
Genre: Law
ISBN: 0190236760

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Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.