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Fairness In Criminal Appeal
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Book Synopsis Fairness in Criminal Appeal by : Helena Morão
Download or read book Fairness in Criminal Appeal written by Helena Morão and published by Springer Nature. This book was released on 2023-02-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.
Book Synopsis Fairness of the New Model of Polish Criminal Appeal Proceedings in the Context of Delivered Research by : Cezary Kulesza
Download or read book Fairness of the New Model of Polish Criminal Appeal Proceedings in the Context of Delivered Research written by Cezary Kulesza and published by Wydawnictwo Temida 2. This book was released on 2019-11-10 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Court of Appeal Criminal Division by : Susan Holdham
Download or read book Court of Appeal Criminal Division written by Susan Holdham and published by Sweet & Maxwell. This book was released on 2012 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents commentary on, and analysis of, the European Union and its substantive law. This book covers the constitutional structure of the EU, examining the functioning of the institutions, the jurisdiction of the European Court of Justice, and the nature of the European legal order. It serves as a reference work for legal practitioners.
Book Synopsis Obstacles to Fairness in Criminal Proceedings by : John D Jackson
Download or read book Obstacles to Fairness in Criminal Proceedings written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.
Book Synopsis Sentencing Bench Book by : Judicial Commission of New South Wales
Download or read book Sentencing Bench Book written by Judicial Commission of New South Wales and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Book Synopsis Fairness in International Criminal Trials by : Yvonne McDermott
Download or read book Fairness in International Criminal Trials written by Yvonne McDermott and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through careful analysis of current practice, this volume argues that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that they can have a positive impact on domestic justice systems in this regard.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
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.
Book Synopsis Justice on Appeal by : Paul D. Carrington
Download or read book Justice on Appeal written by Paul D. Carrington and published by . This book was released on 1976 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Appeals by : Daniel John Meador
Download or read book Criminal Appeals written by Daniel John Meador and published by . This book was released on 1973 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Avoiding a Full Criminal Trial by : Koen Vriend
Download or read book Avoiding a Full Criminal Trial written by Koen Vriend and published by Springer. This book was released on 2016-10-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness—as derived from ECtHR case law—is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.
Book Synopsis The Tilted Playing Field by : H. Richard Uviller
Download or read book The Tilted Playing Field written by H. Richard Uviller and published by Yale University Press. This book was released on 1998-12-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although evenly matched adversaries make for a more exciting athletic contest, and a level playing field is essential to a fair game, is the same true in a criminal trial? In this compelling new book, H. Richard Uviller argues that a criminal trial is not analogous to a sporting event. Prosecutors and defense attorneys are, in critical respects, different from each other, and the allocation of advantages to each must be uneven in order to be fair.In a lively exploration of the powers of the prosecutor and the prerogatives of the defense, Uviller asks where our criminal justice system is fair though unequal and where its inequalities may subvert fair results. On the one hand, he points out, the prosecutor has unmatched and virtually unreviewable discretion to choose the target of a prosecution, the charge, and to a large extent the timing of an indictment. The prosecution also is first on the scene to develop evidence and is entitled to compel the production of evidence from reluctant custodians. The lawyer for the defendant, on the other hand, enjoys virtually unrestricted license to argue contrary to his or her own sincere belief, as well as broad powers to discover evidence from the prosecutor’s file. Are these unequal advantages necessary? Are they fair? Uviller concludes that although the overall criminal justice system reflects a fair distribution of advantages and disadvantages, in certain areas the imbalance is so severe as to undermine justice. He offers realistic, carefully considered recommendations for reform in these problem areas.
Author :American Bar Association. Project on Standards for Criminal Justice Publisher : ISBN 13 : Total Pages :98 pages Book Rating :4.:/5 (319 download)
Book Synopsis Rules Relating to Criminal Appeals by : American Bar Association. Project on Standards for Criminal Justice
Download or read book Rules Relating to Criminal Appeals written by American Bar Association. Project on Standards for Criminal Justice and published by . This book was released on 1971 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney
Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Book Synopsis The Criminal Appeal Reports by : Great Britain. Court of Criminal Appeal
Download or read book The Criminal Appeal Reports written by Great Britain. Court of Criminal Appeal and published by . This book was released on 1919 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Illicitly Obtained Evidence at the International Criminal Court by : Petra Viebig
Download or read book Illicitly Obtained Evidence at the International Criminal Court written by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
Book Synopsis Grounds of Appeal in Criminal Cases by : Peter Duff
Download or read book Grounds of Appeal in Criminal Cases written by Peter Duff and published by . This book was released on 1996 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report contains empirical research into the criminal appeal process in Scotland. The research was commissioned by the Scottish Office to inform the Sutherland Committee on Appeals Criteria and Alleged Miscarriages of Justice. The researchers' remit was to provide a comparison of successful and unsuccessful grounds of appeal against conviction or conviction and sentence.
Book Synopsis The Constitutional Right to a Speedy and Fair Criminal Trial by : Warren Freedman
Download or read book The Constitutional Right to a Speedy and Fair Criminal Trial written by Warren Freedman and published by Praeger. This book was released on 1989-01-20 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respected. Freedman begins with an introduction to the concept and historical background of the speedy and fair trial. Turning to an examination of constitutional guarantees, he fully reviews the sixth and fourteenth amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the role of the jury, and related statutes such as The Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout, analyses of applicable case law and precedent-setting court decisions illuminate the discussion. An indispensable resource for attorneys in criminal, corporate, and private practice, this volume clearly delineates not only the foundations of speedy and fair trial guarantees but also the many factors that can work against them in today's often overburdened judicial system.
