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Emmins On Criminal Procedure
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Book Synopsis Models of Criminal Procedure System by : Ruihua Chen
Download or read book Models of Criminal Procedure System written by Ruihua Chen and published by Springer Nature. This book was released on 2022-10-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.
Book Synopsis Building on The Decade of Disclosure In Criminal Procedure by : John Epp
Download or read book Building on The Decade of Disclosure In Criminal Procedure written by John Epp and published by Routledge. This book was released on 2013-03-04 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2001. This work has three aims. Firstly, to provide an examination of the history of the disclosure of information in advance of trial in criminal proceedings in England and Wales. This is done with reference to first principles, statutory and case law, and formal and informal practice norms. This examination will set the stage for the discussion of the law and practice of disclosure in England and Wales now in found in Criminal Procedure and Investigations Act 1996, its Code of Practice, and the expanding body of relevant case law, and the Attorney General’s Guidelines on disclosure (2000). Secondly, to provide a detailed discussion of the current law and practice of disclosure in England and Wales by closely examining the case law, statutory provisions and guidelines. Finally, to discuss the way forward. The Government has indicated its provisional views in the Command Paper, The Way Ahead. Various commentators have made suggestions as to how the disclosure regime might be reformed. Their ideas are discussed, and original ideas are presented. It is hoped that the discussion will assist in formulating the necessary reforms to the disclosure regime.
Book Synopsis European Criminal Procedures by : Mireille Delmas-Marty
Download or read book European Criminal Procedures written by Mireille Delmas-Marty and published by Cambridge University Press. This book was released on 2002-10-17 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised by Elena Ricci
Book Synopsis Commonwealth Caribbean Criminal Practice and Procedure by : Roger Ramgoolam
Download or read book Commonwealth Caribbean Criminal Practice and Procedure written by Roger Ramgoolam and published by Routledge. This book was released on 2019-01-16 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this best-selling book has been thoroughly revised to take into account recent developments in the law in criminal practice and procedure across the region. As the only textbook to explore criminal practice and procedure as it relates to the Commonwealth Caribbean, the book clarifies the state law in each of 11 jurisdictions, while at the same time making it clear when laws are the same or similar and highlighting where differences among jurisdictions occur. Both statute law and common law are examined in the relevant jurisdictions, which include Trinidad and Tobago, Guyana, Barbados, Jamaica and Grenada amongst others. The impact of statutory changes in the laws are analysed, as well as recent developments in the common law. Throughout the text the statutory law in the Commonwealth Caribbean is compared with similar English legislation, in light of the analysis of such legislation in English case law. This book is the recommended textbook for all professional law schools in the Commonwealth Caribbean and is used at regional universities as a reference book for criminal justice students. In addition, as the only book that deals specifically with criminal practice and procedure in the regions, it has proved a valuable reference tool for legal practitioners, judicial officers and police officers.
Book Synopsis Commonwealth Caribbean Criminal Practice and Procedure by : Dana S. Seetahal
Download or read book Commonwealth Caribbean Criminal Practice and Procedure written by Dana S. Seetahal and published by Routledge. This book was released on 2014-06-05 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this best-selling book has been thoroughly revised to take into account recent developments in the law in criminal practice and procedure across the region. The only textbook that explores criminal practice and procedure as it relates to the Commonwealth Caribbean, the book clarifies the state law in each of 11 jurisdictions, at the same time making it clear when laws are the same or similar and highlighting where differences among jurisdictions occur. Both statute law and common law are examined in the relevant jurisdictions, which include Trinidad and Tobago, Guyana, Barbados, Jamaica and Grenada amongst others. The impact of statutory changes in the laws are analysed, as well as recent developments in the common law. Throughout the text the statutory law in the Commonwealth Caribbean is compared to similar English legislation, in the light of the analysis of such legislation in English case law. Commonwealth Caribbean Criminal Practice and Procedure is the recommended textbook for all profes- sional law schools in the Commonwealth Caribbean and is used at regional universities as a reference book for criminal justice students. In addition, as the only book that deals specifically with criminal practice and procedure in the regions, it has proved a valuable reference tool for legal practitioners, judicial officers and police officers.
Book Synopsis Emmins on Criminal Procedure by : John Sprack
Download or read book Emmins on Criminal Procedure written by John Sprack and published by . This book was released on 1997 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is updated to incorporate changes made by the Criminal Justice and Public Order Act 1994, together with information on its implementation. Cases interpreting the Criminal Justice Acts of 1991 and 1993 are fully dealt with, as are recent developments in the law, relating to disclosure and the new Code for Crown Prosecutors.
Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Book Synopsis Criminal Procedural Trial in China by : Gao Yong
Download or read book Criminal Procedural Trial in China written by Gao Yong and published by Springer Nature. This book was released on with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Criminal Process by : Andrew Ashworth
Download or read book The Criminal Process written by Andrew Ashworth and published by Oxford University Press, USA. This book was released on 2010 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Ashworth and Mike Redmayne address one of the most controversial areas of the entire criminal process - the pre-trial stage. Following the detention of suspects in police custody, the authors examine key issues in the pre-trial process.
Book Synopsis Caribbean Criminal Practice by : Dana Seetahal
Download or read book Caribbean Criminal Practice written by Dana Seetahal and published by Cavendish Publishing. This book was released on 2001-09-03 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book of its kind in the Commonwealth Caribbean on Criminal Procedure. Furthermore it is written by someone who has over twenty years experience in the field: as a prosecutor for over a dozen years, as a magistrate, as a criminologist, a criminal justice consultant and finally as a law school lecturer. This book fills a lacuna in Commonwealth Caribbean jurisprudence in that there is currently no local or regional text on criminal practice and procedure. For too long students and practitioners have had to waste time to wade through English and other text in areas that are not even relevant in order to determine their application to these jurisdictions. The book provides a useful reference to clarify what the state of the statutory law is in the Caribbean when compared to similar areas in English law and to discuss the relevant statute and common law in specific areas. It is a text useful not only for law school students but criminal justice professionals such as lawyers and police officers as well.; The content of the book includes both the statute law and common law on criminal practice and procedure in most of the relevant jurisdictions, which include Trinidad Tobago, Guyana, Barbados, Jamaica and Grenada among others. Where the law is the same or similar in some jurisdictions this is emphasised in the text so as to avoid unnecessary repetition in discussion. Attempts will be made to identify specific differences in the laws of different jurisdictions despite their being many commonalities. Recent developments in these areas are also discussed and the impact of the statutory changes in some countries is assessed
Book Synopsis Prevention and the Limits of the Criminal Law by : Andrew Ashworth
Download or read book Prevention and the Limits of the Criminal Law written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-01-31 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Book Synopsis Comparative Criminal Procedure by : Stephen Thaman
Download or read book Comparative Criminal Procedure written by Stephen Thaman and published by . This book was released on 2002 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transforming International Criminal Justice by : Mark Findlay
Download or read book Transforming International Criminal Justice written by Mark Findlay and published by Taylor & Francis. This book was released on 2005-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities
Download or read book Criminal Injustice written by F. Belloni and published by Springer. This book was released on 1999-10-10 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with an exploration of the awful miscarriages which prompted the establishment of the Royal Commission on Criminal Justice, the authors examine the role played by institutions and legal factors within the criminal process. Tracking the shift from due process rhetoric to the 'new penology' of efficient risk management of suspect populations, they assess the impact of recent reforms such as curtailment of the right to silence; the removal of the right to jury trial; and the appeal process itself.
Download or read book Advocacy written by Andy Boon and published by Routledge. This book was released on 1999 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces the practice of advocacy, drawing on a wide range of examples from the United Kingdom and other common law jurisdictions. Through the use of exercises, the reader is encouraged to think about effective advocacy. Detailed materials offer civil and criminal advocacy simulations.
Download or read book Laws of Guernsey written by Gordon Dawes and published by Bloomsbury Publishing. This book was released on 2003-05-01 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt: A considerable volume of international financial business is carried on in Guernsey, a near independent jurisdiction with close constitutional links to Britain about to celebrate the 800th anniversary of its status. Guernsey law is distinct from English law, drawing on its own history and traditions as well as modern English legal principles and those of other jurisdictions. Laws of Guernsey is the first textbook of modern times to introduce the core areas of Guernsey law and court procedure. It is essential reading for the many individuals and entities with business either in Guernsey or governed by Guernsey law. It will be of particular interest and assistance to lawyers from other jurisdictions concerned with Guernsey law issues, whether litigation, succession, insurance, employment or anything else; likewise the book will assist insurers, bankers, trustees and financial services professionals generally. The book includes a foreword written by the Bailiff of Guernsey, the Island's senior judge. The following principal areas are introduced: Company and commercial law; trust law; income tax law; law of succession; property law; employment law; health and safety at work law; tort law; contract law; civil procedure and injunctions; criminal law and procedure; anti-money laundering legislation. The book includes various legislative materials and many cross-references to English law in particular, likewise to French law. Contents: Foreword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, Arrêts and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; Index
Book Synopsis The Criminal Process and Human Rights by : Mark A. Summers
Download or read book The Criminal Process and Human Rights written by Mark A. Summers and published by BRILL. This book was released on 2023-11-27 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Université de Paris I - Panthéon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)
