Obstacles To Fairness In Criminal Proceedings

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Obstacles to Fairness in Criminal Proceedings

Author : John D Jackson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258361
Total Pages : 378 pages
Book Rating : 4.7/5 (822 download)

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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.

Sentencing Bench Book

Author : Judicial Commission of New South Wales
Publisher :
ISBN 13 : 9780731356133
Total Pages : pages
Book Rating : 4.3/5 (561 download)

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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.

Fairness in Criminal Appeal

Author : Helena Morão
Publisher : Springer Nature
ISBN 13 : 3031130014
Total Pages : 214 pages
Book Rating : 4.0/5 (311 download)

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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.

Do Exclusionary Rules Ensure a Fair Trial?

Author : Sabine Gless
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless

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.

Fair Trials

Author : Sarah J Summers
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313752
Total Pages : 200 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Fair Trials by : Sarah J Summers

Download or read book Fair Trials written by Sarah J Summers and published by Bloomsbury Publishing. This book was released on 2007-08-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.

Justice in Motion

Author : Vikash Dabriwal
Publisher : Independently Published
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.8/5 (532 download)

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Book Synopsis Justice in Motion by : Vikash Dabriwal

Download or read book Justice in Motion written by Vikash Dabriwal and published by Independently Published. This book was released on 2023-07-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Justice in Motion: Exploring the Dynamics of Criminal Law" is an insightful and comprehensive exploration of criminal law's multifaceted nature and its significance in modern society. The book delves into various aspects of criminal law, from its historical development and foundational principles to its application in contemporary criminal justice systems. The book emphasizes the importance of criminal law in maintaining social order, protecting human rights, and promoting justice. It covers the historical evolution of criminal law, from ancient systems of justice to modern legal frameworks, providing a broader context for understanding its evolution. Key themes emerge throughout the book, such as the significance of restorative justice principles, the need to address systemic biases, and the role of technology in shaping crime and law enforcement. The protection of human rights, prohibition of torture, and the right to a fair trial are recurring themes that underscore the importance of upholding fundamental rights in criminal proceedings. Innovations in criminal law and policy-making are also explored, with discussions on alternatives to traditional justice, technological advancements, and global perspectives on criminal justice. The book advocates for evidence-based policy-making, addressing emerging challenges, and promoting fairness, equality, and rehabilitation in criminal law. The call to action at the end of the book urges readers to promote a more just and effective criminal justice system. It emphasizes the importance of embracing restorative justice, addressing systemic biases, ensuring access to legal representation, and promoting global cooperation in combating transnational crime. Overall, "Justice in Motion: Exploring the Dynamics of Criminal Law" provides readers with a comprehensive and engaging examination of criminal law's role and complexities. It offers valuable insights for legal professionals, policymakers, and individuals seeking to understand and advocate for a criminal justice system that prioritizes justice, compassion, and fairness for all.

Secret Evidence in Criminal Proceedings

Author : Benjamin Vogel
Publisher :
ISBN 13 : 9783428185740
Total Pages : 0 pages
Book Rating : 4.1/5 (857 download)

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Book Synopsis Secret Evidence in Criminal Proceedings by : Benjamin Vogel

Download or read book Secret Evidence in Criminal Proceedings written by Benjamin Vogel and published by . This book was released on 2022-03-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confronted with politically motivated violence and profit-driven organised criminality, legal orders extensively rely on covert surveillance measures to detect, avert, and investigate offences. The rise of such measures and the increasing role of intelligence-gathering as a criminal policy tool does, however, pose considerable challenges to the fairness of criminal proceedings. This volume seeks to address these challenges by inquiring into how legal orders, in the context of criminal trials and related provisional preventive measures, deal with confidential information that must not be disclosed to the defence. To this end, it analyses the criminal procedure law of numerous European countries as well as related frameworks at the UN and EU levels. Comparing these findings and adding an analysis of the jurisprudence of the European Court of Human Rights, the volume then outlines ways to safeguard fair-trial guarantees while respecting the operational needs of investigative authorities and intelligence agencies. The findings highlight how legal orders have increasingly accepted that the courts will often consider, in the assessment of the reliability of incriminating evidence, information that is not disclosed to the defence at any point during the proceedings. As a consequence, there is an urgent need to develop novel procedural approaches to improve judicial scrutiny of confidential material by strengthening the involvement of the accused and, at the same time, to prevent triers of fact at trial from becoming exposed to undisclosed material.

Model Rules of Professional Conduct

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)

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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.

Fairness and Rights in International Criminal Procedure

Author : Sophie Rigney
Publisher : EUP
ISBN 13 : 9781474466318
Total Pages : 0 pages
Book Rating : 4.4/5 (663 download)

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Book Synopsis Fairness and Rights in International Criminal Procedure by : Sophie Rigney

Download or read book Fairness and Rights in International Criminal Procedure written by Sophie Rigney and published by EUP. This book was released on 2024-02-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an indepth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Rigney shows that there is a clear separation between fairness and rights in practice. She demonstrates tthat fairness is invoked in international criminal law decisions in inconsistent ways that are frequently at odds with defendants' rights.

The Constitutional Right to a Speedy and Fair Criminal Trial

Author : Warren Freedman
Publisher : Praeger
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.:/5 (44 download)

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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.

ABA Standards for Criminal Justice

Author : American Bar Association
Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis ABA Standards for Criminal Justice by : American Bar Association

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.

Performance Measures for the Criminal Justice System

Author :
Publisher :
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Performance Measures for the Criminal Justice System by :

Download or read book Performance Measures for the Criminal Justice System written by and published by . This book was released on 1993 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Discussion paper from the BJS-Princeton Project.

Core Concepts in Criminal Law and Criminal Justice

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Reforming Juvenile Justice

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309278937
Total Pages : 462 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Reforming Juvenile Justice by : National Research Council

Download or read book Reforming Juvenile Justice written by National Research Council and published by National Academies Press. This book was released on 2013-05-22 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

Not Guilty

Author : Robert M. Cary
Publisher :
ISBN 13 : 9780314639868
Total Pages : 0 pages
Book Rating : 4.6/5 (398 download)

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Book Synopsis Not Guilty by : Robert M. Cary

Download or read book Not Guilty written by Robert M. Cary and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminal Justice Forecasts of Risk

Author : Richard Berk
Publisher : Springer Science & Business Media
ISBN 13 : 1461430852
Total Pages : 115 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Criminal Justice Forecasts of Risk by : Richard Berk

Download or read book Criminal Justice Forecasts of Risk written by Richard Berk and published by Springer Science & Business Media. This book was released on 2012-04-06 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: Machine learning and nonparametric function estimation procedures can be effectively used in forecasting. One important and current application is used to make forecasts of “future dangerousness" to inform criminal justice decision. Examples include the decision to release an individual on parole, determination of the parole conditions, bail recommendations, and sentencing. Since the 1920s, "risk assessments" of various kinds have been used in parole hearings, but the current availability of large administrative data bases, inexpensive computing power, and developments in statistics and computer science have increased their accuracy and applicability. In this book, these developments are considered with particular emphasis on the statistical and computer science tools, under the rubric of supervised learning, that can dramatically improve these kinds of forecasts in criminal justice settings. The intended audience is researchers in the social sciences and data analysts in criminal justice agencies.

Justice, Liability, And Blame

Author : Paul H. Robinson
Publisher : Routledge
ISBN 13 : 0429720688
Total Pages : 312 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Justice, Liability, And Blame by : Paul H. Robinson

Download or read book Justice, Liability, And Blame written by Paul H. Robinson and published by Routledge. This book was released on 2019-03-13 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.