Incorporating Mediation In The Criminal Procedure Code Of Malaysia

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Incorporating Mediation in the Criminal Procedure Code of Malaysia

Author : Norjihan binti Ab Aziz
Publisher :
ISBN 13 :
Total Pages : 586 pages
Book Rating : 4.:/5 (973 download)

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Book Synopsis Incorporating Mediation in the Criminal Procedure Code of Malaysia by : Norjihan binti Ab Aziz

Download or read book Incorporating Mediation in the Criminal Procedure Code of Malaysia written by Norjihan binti Ab Aziz and published by . This book was released on 2016 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settlement out of court in criminal cases in Malaysia is allowed through the process of plea bargaining which is accepted officially after the amendment of the Criminal Procedure Code 2012 (Act 539) by the Criminal Procedure Code (Amendment) Act 2012. In the process of plea bargaining, the prosecution and the accused negotiate on the reduction of charge or sentence against the accused. In the case that attempts at plea bargaining fail, the Court at the case management stage will fix a date for trial. Nevertheless, the United Kingdom, Singapore and the State of Idaho have taken a proactive step which allows a judge to act as a mediator to facilitate the process of plea bargaining between the prosecutor and the accused to reach an agreement out of court known as criminal mediation. Islamic law also encourages parties to resolve criminal cases through mediation (ṣulḥ) if the criminal act has affected the victim personally. The present study analysed the law and practice concerning plea bargaining and case management in Malaysia. This study has identified the weaknesses and lacunas in the provisions governing plea bargaining and case management under the Criminal Procedure Code 2012 of Malaysia. These weaknesses and lacunas can be overcome through mediation if the attempts of plea bargaining fail as practised in the United Kingdom, Singapore and the State of Idaho. Incorporation of mediation in the Criminal Procedure Code 2012 (Act 539) is necessary to benefit the parties and judge, particularly to expedite the disposal of criminal cases, and reduce the number of pending and appeal cases.

Dispute Resolution in Islamic Finance

Author : Adnan Trakic
Publisher : Routledge
ISBN 13 : 1351188895
Total Pages : 196 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Dispute Resolution in Islamic Finance by : Adnan Trakic

Download or read book Dispute Resolution in Islamic Finance written by Adnan Trakic and published by Routledge. This book was released on 2019-01-22 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.

The Mediator's Handbook

Author : Ruth Charlton
Publisher :
ISBN 13 : 9780455219820
Total Pages : 364 pages
Book Rating : 4.2/5 (198 download)

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Book Synopsis The Mediator's Handbook by : Ruth Charlton

Download or read book The Mediator's Handbook written by Ruth Charlton and published by . This book was released on 2004 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experienced mediators take you step-by-step through the mediation process, offering strategies to apply in particular contexts and valuable tips to help develop and enhance skills. This highly practical approach reflects in checklists, comments and casenotes throughout including shuttle negotiation and mediation.

Guide to Foreign and International Legal Citations

Author :
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Guide to Foreign and International Legal Citations by :

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

Asian Courts in Context

Author : Jiunn-rong Yeh
Publisher : Cambridge University Press
ISBN 13 : 1107066085
Total Pages : 633 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh

Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Plea Bargaining

Author : Milton Heumann
Publisher : University of Chicago Press
ISBN 13 : 022677824X
Total Pages : 229 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Plea Bargaining by : Milton Heumann

Download or read book Plea Bargaining written by Milton Heumann and published by University of Chicago Press. This book was released on 2020-05-30 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: "That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review

Model Codes for Post-conflict Criminal Justice

Author : Vivienne M. O'Connor
Publisher : US Institute of Peace Press
ISBN 13 : 9781601270122
Total Pages : 544 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Model Codes for Post-conflict Criminal Justice by : Vivienne M. O'Connor

Download or read book Model Codes for Post-conflict Criminal Justice written by Vivienne M. O'Connor and published by US Institute of Peace Press. This book was released on 2007 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.

Restorative Justice

Author :
Publisher :
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Restorative Justice by :

Download or read book Restorative Justice written by and published by . This book was released on 2006 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Arbitration: Law and Practice in Switzerland

Author : Gabrielle Kaufmann-Kohler
Publisher : Oxford University Press
ISBN 13 : 0191669199
Total Pages : 732 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Arbitration: Law and Practice in Switzerland by : Gabrielle Kaufmann-Kohler

Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Dispute Resolution

Author : Carrie J. Menkel-Meadow
Publisher : Aspen Publishing
ISBN 13 : 1543803105
Total Pages : 819 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Dispute Resolution by : Carrie J. Menkel-Meadow

Download or read book Dispute Resolution written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2018-09-14 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter

Restorative Justice & Responsive Regulation

Author : John Braithwaite
Publisher : Oxford University Press, USA
ISBN 13 : 0195158393
Total Pages : 334 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Restorative Justice & Responsive Regulation by : John Braithwaite

Download or read book Restorative Justice & Responsive Regulation written by John Braithwaite and published by Oxford University Press, USA. This book was released on 2002 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

Judicial Integrity

Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Integrity by :

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.

The UNCITRAL Model Law and Asian Arbitration Laws

Author : Gary F. Bell
Publisher : Cambridge University Press
ISBN 13 : 1107183979
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The UNCITRAL Model Law and Asian Arbitration Laws by : Gary F. Bell

Download or read book The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.

International cooperation in criminal matters

Author : Wolfgang Schomburg
Publisher :
ISBN 13 : 9783406525728
Total Pages : 2449 pages
Book Rating : 4.5/5 (257 download)

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Book Synopsis International cooperation in criminal matters by : Wolfgang Schomburg

Download or read book International cooperation in criminal matters written by Wolfgang Schomburg and published by . This book was released on 2006 with total page 2449 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Dispute Resolution Act

Author : United States
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Administrative Dispute Resolution Act by : United States

Download or read book Administrative Dispute Resolution Act written by United States and published by . This book was released on 1990 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Design

Author : Corrales Compagnucci, Marcelo
Publisher : Edward Elgar Publishing
ISBN 13 : 183910726X
Total Pages : 264 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Legal Design by : Corrales Compagnucci, Marcelo

Download or read book Legal Design written by Corrales Compagnucci, Marcelo and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.

ADR in Business

Author : Jean-Claude Goldsmith
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113414X
Total Pages : 690 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis ADR in Business by : Jean-Claude Goldsmith

Download or read book ADR in Business written by Jean-Claude Goldsmith and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.