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Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.F/5 ( download)
Download or read book The Right to Silence and Pre-trial Disclosure in NSW. written by New South Wales. Law Reform Commission and published by . This book was released on 2000 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 258 pages
Book Rating : 4.F/5 ( download)
Download or read book The Right to Silence written by New South Wales. Law Reform Commission and published by . This book was released on 2000 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gareth Griffith
Publisher :
ISBN 13 : 9780731316809
Total Pages : 75 pages
Book Rating : 4.3/5 (168 download)
Download or read book Pre-trial Defence Disclosure written by Gareth Griffith and published by . This book was released on 2000 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hannah Quirk
Publisher : Taylor & Francis
ISBN 13 : 1136008004
Total Pages : 251 pages
Book Rating : 4.1/5 (36 download)
Download or read book The Rise and Fall of the Right of Silence written by Hannah Quirk and published by Taylor & Francis. This book was released on 2016-11-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.
Author : Jason Payne
Publisher :
ISBN 13 : 9781921185328
Total Pages : 81 pages
Book Rating : 4.1/5 (853 download)
Download or read book Criminal Trial Delays in Australia written by Jason Payne and published by . This book was released on 2007-01-01 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.
Author : Paul Roberts
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319459
Total Pages : 450 pages
Book Rating : 4.8/5 (473 download)
Download or read book Criminal Evidence and Human Rights written by Paul Roberts and published by Bloomsbury Publishing. This book was released on 2012-05-18 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Author : R. H. Helmholz
Publisher : University of Chicago Press
ISBN 13 : 9780226326603
Total Pages : 336 pages
Book Rating : 4.3/5 (266 download)
Download or read book The Privilege Against Self-Incrimination written by R. H. Helmholz and published by University of Chicago Press. This book was released on 1997-06-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 : 9780734726193
Total Pages : 100 pages
Book Rating : 4.7/5 (261 download)
Download or read book Majority Verdicts written by New South Wales. Law Reform Commission and published by . This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
Author : Miiko Kumar
Publisher :
ISBN 13 : 9780455235837
Total Pages : 1026 pages
Book Rating : 4.2/5 (358 download)
Download or read book Uniform Evidence Law written by Miiko Kumar and published by . This book was released on 2015 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniform Evidence Law: Commentary and Materials, 5th editionhas been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania.
Author : Adam Graycar
Publisher : Cambridge University Press
ISBN 13 : 9780521818452
Total Pages : 414 pages
Book Rating : 4.8/5 (184 download)
Download or read book The Cambridge Handbook of Australian Criminology written by Adam Graycar and published by Cambridge University Press. This book was released on 2002-06-20 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the complete reference work on Australian criminology.
Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 : 9780734726803
Total Pages : 203 pages
Book Rating : 4.7/5 (268 download)
Download or read book Jury Directions written by New South Wales. Law Reform Commission and published by . This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is about the directions that judges give to juries in the course of a criminal trail, and particularly at the summing up. These directions are designed to help jurors understand as much of the law and the issues that arise in the case as they need to make proper use of the evidence and to reach a verdict.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Author : Judicial Commission of New South Wales
Publisher :
ISBN 13 : 9780731356133
Total Pages : pages
Book Rating : 4.3/5 (561 download)
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.
Author : South African Law Commission
Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.F/5 ( download)
Download or read book Simplification of Criminal Procedure written by South African Law Commission and published by . This book was released on 2001 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : André Klip
Publisher : Intersentia nv
ISBN 13 : 9050951414
Total Pages : 884 pages
Book Rating : 4.0/5 (59 download)
Download or read book The International Criminal Tribunal for the Former Yugoslavia 1997-1999 written by André Klip and published by Intersentia nv. This book was released on 2001 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jill Hunter
Publisher :
ISBN 13 : 9781760020262
Total Pages : 732 pages
Book Rating : 4.0/5 (22 download)
Download or read book The Trial written by Jill Hunter and published by . This book was released on 2015 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brett Whiteley (Australia; England, b.1939, d.1992)Hyena: no. 6 from the series My relationship between screen printing and Regents Park Zoo between June and August 1965 (detail)(1965)two-colour screenprint, printed on paper, 76.1 x 60 cmArt Gallery of New South WalesPurchased 1965Photo: AGNSW© Wendy Whiteley______________________________________Written by leading evidence law scholars, combined with practitioner contribution, The Trial examines procedural and evidentiary law under the uniform Evidence Acts. This is a book for evidence law students, scholars and for practising lawyers.The Trial challenges mainstream approaches to teaching evidence law by:contextualising the trial within key pre-trial processes, including police questioning, disclosure obligations and pleadings;connecting law reform, lawyers' roles and their ethical obligations to promote justice in a broad rather than a narrow, anodyne or legalistic fashion;acknowledging 21st century lawyers' need for literacy across human rights fair trial norms and their common law equivalents; andits interdisciplinary emphasis.The Trial focuses its study on the important functions of adversarialism and the oral tradition, as well as the consequential price exacted through diminishing access to justice for the vulnerable, particularly those with mental illness or cognitive impairment, children and sexual assault complainant witnesses. Regarding Indigenous Australians, The Trial also shows how such challenges compound the pre-existing harshness of criminal justice processes. In Australia, no comprehensive evidence book presents doctrinal analysis so comprehensively within a humanising context.The Trial places the criminal jury trial centre-stage. This is where the law of evidence and procedure is commonly hotly contested, where major defining evidentiary case law arises and where the cut and thrust of advocacy, crucially shaping the trial, are classically on show. It is also where rapid change has an impact on expertise and, through law reform, creates pressures on fundamental accusatorial principles in an increasingly complex justice environment.
Author : David Morgan
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.3/5 (91 download)
Download or read book Suspicion and Silence written by David Morgan and published by . This book was released on 1994 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Justice and Public Order Bill includes provisions to restrict a defendant's right to silence in response to police questioning and in the courts. Supporters of this change argue that the right to silence is an anachronistic impediment to justice and its abolition would lead to the conviction of more guilty offenders in the courts. However, there is growing concern that removal of this age-old right will expose suspects to far greater pressures from the police and increase the risks of false confessions and miscarriages of justice.
