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Taming The Presumption Of Innocence
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Book Synopsis Taming the Presumption of Innocence by : Richard L. Lippke
Download or read book Taming the Presumption of Innocence written by Richard L. Lippke and published by Oxford University Press. This book was released on 2016-02-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
Book Synopsis Taming the Presumption of Innocence by : Richard L. Lippke
Download or read book Taming the Presumption of Innocence written by Richard L. Lippke and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.
Book Synopsis Taming the Dragon by : United States. Congressional-Executive Commission on China
Download or read book Taming the Dragon written by United States. Congressional-Executive Commission on China and published by . This book was released on 2002 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Democratic Theory and Mass Incarceration by : Albert W. Dzur
Download or read book Democratic Theory and Mass Incarceration written by Albert W. Dzur and published by Oxford University Press. This book was released on 2016 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy.
Book Synopsis The Presumption of Innocence in International Human Rights and Criminal Law by : Michelle Coleman
Download or read book The Presumption of Innocence in International Human Rights and Criminal Law written by Michelle Coleman and published by Routledge. This book was released on 2021-03-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
Download or read book Privilege Or Punish written by Dan Markel and published by Oxford University Press. This book was released on 2009 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privilege or Punish: Criminal Justice and the Challenge of Family Ties will expose some of the challenges the American criminal justice system faces when it intersects with the interests of the family. The authors find that the state does not always impinge upon family members in the course of investigating or prosecuting all the crimes about which it knows. Legal institutions and actors frequently defer to the decision of family members to prioritize their duties to family over their duties as citizens. Some examples of these accommodations include evidentiary privileges that enable family members to avoid furnishing evidence against their loved ones or exemptions for family members from laws prohibiting the harboring of fugitive. The authors characterize state policies that appear to promote family interests as "family ties benefits" - and there are many of them. The authors generally oppose conferring family ties benefits in the criminal justice system. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special benefits to family members, while at the same time excluding citizens who are not part of a state-sanctioned family unit.
Book Synopsis Presumption of Innocence in Peril by : Anthony Gray
Download or read book Presumption of Innocence in Peril written by Anthony Gray and published by Lexington Books. This book was released on 2017-11-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Download or read book Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2021-09-20 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published.With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one.The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
Book Synopsis Theorizing Legal Punishment by : Richard L. Lippke
Download or read book Theorizing Legal Punishment written by Richard L. Lippke and published by Taylor & Francis. This book was released on 2024-02-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
Download or read book Evidence written by Andrew Choo and published by Oxford University Press. This book was released on 2021 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choo's Evidence provides students with a lucid account of the core principles of the law of evidence in England and Wales, whilst also exploring the fundamental rationales that underlie the law as a whole. This clear and engaging text explores current debates and draws on different jurisdictions to achieve a fascinating mix of critical and thought-provoking analysis for students and practitioners alike. Where appropriate, the author draws on comparative material and a variety of socio-legal, empirical, and non-legal material. Thorough footnoting and further reading lists provide valuable signposting to a wealth of additional sources. Digital formats The sixth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Book Synopsis Taming the Elephant by : John F. Burns
Download or read book Taming the Elephant written by John F. Burns and published by Univ of California Press. This book was released on 2003 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The final of four volumes in the 'California History Sesquicentennial Series', this text compiles original essays which treat the consequential role of post-Gold Rush California government, politics and law in the building of a dynamic state with lasting impact to the present day.
Download or read book Evidence written by Andrew L.-T. Choo and published by Oxford University Press. This book was released on 2018 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.
Book Synopsis Modern Criminal Law by : A P Simester
Download or read book Modern Criminal Law written by A P Simester and published by Bloomsbury Publishing. This book was released on 2024-04-18 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.
Book Synopsis Justice In-Between by : Federico Picinali
Download or read book Justice In-Between written by Federico Picinali and published by Oxford University Press. This book was released on 2022 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most contemporary criminal justice systems adopt a 'binary' system of verdicts. In a binary system, there is a single evidential threshold, or standard of proof. If the standard is met, the verdict is 'guilty', the defendant is convicted, and punishment is permitted. If the standard is not met, the verdict is 'not guilty', the defendant is acquitted, and punishment is forbidden. There is no middle ground between the verdict of 'not guilty' and that of 'guilty'. An intermediate verdict represents such middle ground, intermediate between acquittal and conviction both in terms of the strength of the incriminating evidence that is needed to warrant the verdict and in terms of the severity of the consequences that the verdict may produce for the defendant. Justice In-Between is a study of intermediate criminal verdicts and advances a novel justification of such controversial devices, with the aim to produce a consensus amongst scholars subscribing to different theories of punishment. Indeed, the book shows that one cannot investigate the choice of the standard of proof nor, importantly, that of the verdict system, in isolation from the question of the justification for punishing. Justice In-Between studies historical and extant examples of intermediate criminal verdicts and engages with the debates that have accompanied them, including the popular argument that intermediate criminal verdicts are incompatible with the presumption of innocence. In doing so, the book offers an original account of the meaning and of the justification of the presumption. Relying on decision theory, Justice In-Between makes a case for intermediate criminal verdicts and shows that such decision-theoretic case is viable under any of the main theories of punishment.
Book Synopsis Evidence, Respect and Truth by : Liat Levanon
Download or read book Evidence, Respect and Truth written by Liat Levanon and published by Bloomsbury Publishing. This book was released on 2022-11-03 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can we rely solely on statistics when we judge what is true and just? This book takes a holistic approach to addressing this question. It considers the legal trial as its paradigmatic case study before analysing a wide range of different cases, including profiling, the use of algorithms to predict students' grades, and the authorisation of automated cars. The book suggests that when we make judgements about the truth or about justice, approximations are not good enough. Truth and justice are uncompromising. They must be so, because the value that underlies them both is respect; and respect takes no compromise. Thus, in the search for truth as in the search for justice, a body of evidence that imposes a statistical compromise will not do. Only evidence that in principle allows reaching the truth and doing justice is good evidence. Once such evidence has been traced, the burden is on us to make good use of the evidence and reach truth and justice. We might or might not succeed, but once we have done our best on evidence that allows success, our judgements are justified; and as such, they can resolve conflicts over the truth and over justice.
Book Synopsis The Ethics of Plea Bargaining by : Richard L. Lippke
Download or read book The Ethics of Plea Bargaining written by Richard L. Lippke and published by . This book was released on 2011 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining. It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States. In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial. Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book. Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes. It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them. Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.
Book Synopsis Neurointerventions, Crime, and Punishment by : Jesper Ryberg
Download or read book Neurointerventions, Crime, and Punishment written by Jesper Ryberg and published by . This book was released on 2020 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can it be justified to use neuroscientific technologies for influencing the human brain as a means of preventing offenders from engaging in future criminal conduct? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question.
