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Author : Amarjeet Singh
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (969 download)
Download or read book Equality of Arms - the Need for Prosecutorial Discovery written by Amarjeet Singh and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mascha Fedorova
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681115
Total Pages : 529 pages
Book Rating : 4.6/5 (811 download)
Download or read book The Principle of Equality of Arms in International Criminal Proceedings written by Mascha Fedorova and published by Intersentia Uitgevers N V. This book was released on 2012 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure. The practice of these courts presents some substantial challenges to achieving a meaningful equality of arms in the context in which these courts operate. Before studying the law and jurisprudence of the International Criminal Tribunals - for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Extraordinary Chambers in the Courts of Cambodia - the historical roots and the meaning of the principle of equality of arms are examined from two perspectives: the human rights perspective and the criminal process perspective. Subsequently, four themes that are central to understanding the principle of equality of arms in the international criminal context are discussed. First, the focus is on the investigation stage of the criminal process and the ability of the parties to prepare for trial. Next, the study takes a closer look at the system of disclosure of materials that were collected during investigations. Third, attention is paid to the issue of the perceived inequality in resources and facilities between the parties and the institutionally unequal positioning of the defense. Last, issues concerning the presentation of the case at the trial stage - such as the time and the number of witnesses the parties are allowed to present and the issues relating to the examination of witnesses and the admissibility of evidence - are examined. The book concludes with general observations on the scope and proper understanding of the principle of fairness, the right to a fair trial, and the principle of equality of arms. (Series: School of Human Rights Research - Vol. 55)
Author : Colleen Rohan
Publisher : Cambridge University Press
ISBN 13 : 1108161642
Total Pages : 629 pages
Book Rating : 4.1/5 (81 download)
Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Author : Carole McCartney
Publisher : Routledge
ISBN 13 : 1134013302
Total Pages : 221 pages
Book Rating : 4.1/5 (34 download)
Download or read book Forensic Identification and Criminal Justice written by Carole McCartney and published by Routledge. This book was released on 2013-01-11 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an account of the development of forensic identification technologies and the way in which this has impacted upon the legal system. It traces the advent of forensic identification technologies, focusing on fingerprinting and forensic DNA typing, and their growing deployment within the criminal justice system. It also elucidates the ways in which these new technologies are accelerating procedural changes to investigative practices, and shows the ways in which in some areas human rights (such as privacy rights and rights against discrimination) are coming under threat. The use of forensic evidence in criminal investigations and trials is analysed in detail. This book uncovers the way in which this new reliance on forensic technologies has gained a foothold within the criminal justice system, and the risks and dangers that this can pose. The National DNA Database provides a particular focus of attention. The author seeks to move beyond an approach that has seen forensic DNA profiling as error free, situating her analysis within broader risk discourses.
Author : Carissa Byrne Hessick
Publisher : Abrams
ISBN 13 : 164700103X
Total Pages : 248 pages
Book Rating : 4.6/5 (47 download)
Download or read book Punishment Without Trial written by Carissa Byrne Hessick and published by Abrams. This book was released on 2021-10-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
Author : Stephen K. Rice
Publisher : NYU Press
ISBN 13 : 0814776167
Total Pages : 544 pages
Book Rating : 4.8/5 (147 download)
Download or read book Race, Ethnicity, and Policing written by Stephen K. Rice and published by NYU Press. This book was released on 2010-03-15 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text includes both classic pieces and original essays that provide the reader with a comprehensive, even-handed sense of the theoretical underpinnings, methodological challenges, and existing research necessary to understand the problems associated with racial and ethnic profiling and police bias.
Author : Kai Ambos
Publisher : Oxford University Press
ISBN 13 : 0191644196
Total Pages : 866 pages
Book Rating : 4.1/5 (916 download)
Download or read book Treatise on International Criminal Law written by Kai Ambos and published by Oxford University Press. This book was released on 2016-08-18 with total page 866 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.
Author : Int Criminal Tribunal Former Yugoslavia
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004534083
Total Pages : 973 pages
Book Rating : 4.0/5 (45 download)
Download or read book Judicial Reports / Recueils Judiciaires 1994-1995 written by Int Criminal Tribunal Former Yugoslavia and published by Martinus Nijhoff Publishers. This book was released on 2022-08-10 with total page 973 pages. Available in PDF, EPUB and Kindle. Book excerpt: The print edition is available as a set of two volumes (9789041111654).
Author : Jens David Ohlin
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 828 pages
Book Rating : 4.8/5 (861 download)
Download or read book Adjudicative Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023-09-14 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicative Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Coverage of Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing the chaotic situation from Apodaca and its confusing array of overlapping plurality opinions. Supreme Court’s decision in Edwards v. Vannoy (2021) that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility to be useful for a variety of professors with different teaching styles) Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Author : Int. Criminal Tribunal former Yugoslavia
Publisher : BRILL
ISBN 13 : 9004532226
Total Pages : 973 pages
Book Rating : 4.0/5 (45 download)
Download or read book Judicial Reports / Recueils judiciaires, 1996 Volume 2 written by Int. Criminal Tribunal former Yugoslavia and published by BRILL. This book was released on 2023-01-23 with total page 973 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anthony G. Amsterdam
Publisher :
ISBN 13 : 9780831800161
Total Pages : pages
Book Rating : 4.8/5 (1 download)
Download or read book Trial Manual 6 for the Defense of Criminal Cases - 2019 Supplement written by Anthony G. Amsterdam and published by . This book was released on 2019-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Luc Reydams
Publisher : Oxford University Press
ISBN 13 : 0199554293
Total Pages : 1029 pages
Book Rating : 4.1/5 (995 download)
Download or read book International Prosecutors written by Luc Reydams and published by Oxford University Press. This book was released on 2012-05-31 with total page 1029 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
Author : Sabine Gless
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.0/5 (31 download)
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Author : Stephanos Stavros
Publisher : BRILL
ISBN 13 : 9004481869
Total Pages : 404 pages
Book Rating : 4.0/5 (44 download)
Download or read book The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights written by Stephanos Stavros and published by BRILL. This book was released on 2021-09-27 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.
Author : John D. Jackson
Publisher : Cambridge University Press
ISBN 13 : 110701865X
Total Pages : 443 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
Author : Jeremy Bentham
Publisher :
ISBN 13 :
Total Pages : 678 pages
Book Rating : 4.B/5 (1 download)
Download or read book Rationale of Judicial Evidence written by Jeremy Bentham and published by . This book was released on 1827 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles C. Jalloh
Publisher : Cambridge University Press
ISBN 13 : 110842273X
Total Pages : 1199 pages
Book Rating : 4.1/5 (84 download)
Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
