Abuse of Process and Judicial Stays of Criminal Proceedings

Author: Andrew L.-T. Choo
Publisher: Oxford University Press, USA
ISBN: 9780199280834
Format: PDF, ePub, Mobi
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The criminal courts have the power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area.

Abuse of Process in Criminal Proceedings

Author: David Young
Publisher: Bloomsbury Professional
ISBN: 9781780432175
Format: PDF, Kindle
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Abuse of Process in Criminal Proceedings is a much respected text and is an essential guide to all areas of UK law relating to abuse of process in criminal law, including delay, double jeopardy, breach of promise, and adverse publicity. Immensely practical, this fourth edition provides a thought-provoking analysis of underlying issues and will help the reader to quickly assimilate and understand the evolving UK case law on different aspects of abuse of process. The book includes a new chapter on international abuse with a comparative analysis based on the authors' research and findings while at the Hague. It has been fully updated to cover case law on extradition abuse and abuse of executive power, and it includes coverage of the impact of the Levinson Enquiry.

Disclosure in Criminal Proceedings

Author: David Corker
Publisher: OUP Oxford
ISBN: 9780199211340
Format: PDF, ePub, Mobi
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"Analysing all the relevant law and procedure, this title puts practitioners in the best position to argue their case. It is essential reading for all solicitors and barristers practicing in criminal law, as well as the judiciary, disclosure officers, and academics."--BOOK JACKET.

Abuse of Process

Author: Colin Wells
Publisher:
ISBN: 9780198786047
Format: PDF, Kindle
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The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process,covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeletonarguments are included for practical assistance.The third edition covers all recent important case law decisions, updating specific topic areas:* Case management (R v Boardman [2015] EWCA Crim 175)* Post-trial abuse (Tague [2015] EWHC 3576(Admin))* Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32)* Linked civil proceedings (Clayton [2014] 2 Cr App R 20)* Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27)* Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153)* Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941)DT Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin)* Local authority prosecutions (Clayton [2014] EWCA Crim 1030)* Special measures (OP [2014] EWHC 1944 (Admin) * Legal representation (Crawley [2014] EWCA Crim 1028)

The Nature of the Judicial Process

Author: Benjamin Nathan Cardozo
Publisher: Yale University Press
ISBN:
Format: PDF
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In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

The Integrity of Criminal Process

Author: Jill Hunter
Publisher: Bloomsbury Publishing
ISBN: 1782255710
Format: PDF, Kindle
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Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

Injustice in Person

Author: Rabeea Assy
Publisher: OUP Oxford
ISBN: 0191511145
Format: PDF, ePub, Mobi
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In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.

Human Rights in Criminal Proceedings

Author: Stefan Trechsel
Publisher: Oxford University Press, USA
ISBN: 9780199271207
Format: PDF, Kindle
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During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid in both Anglo-Saxon and Continental systems of criminal procedure.The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law. The book will be of interest to all scholars, practitioners, and students of international criminal law.

Abuse of Process

Author: Colin Wells
Publisher:
ISBN: 9781903307465
Format: PDF, Docs
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A guide to the powers of the criminal court has to stay proceedings in order to protect its process from abuse and to secure fair treatment for those accused of crime.

Civil Liability in Criminal Justice

Author: Darrell L. Ross
Publisher: Routledge
ISBN: 1351062646
Format: PDF
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The increasing litigation against criminal justice practitioners in the United States poses a significant problem for law enforcement and other personnel. Law enforcement and corrections professionals need to have a working knowledge of both criminal law and the civil law process to ensure that they are performing their duties within the limits of the law. Civil Liability in Criminal Justice, 7th Edition, provides valuable information and recommendations to current and future officers and correctional system employees, introducing them to civil liability and federal law, as well as recommending strategies that can be taken to minimize risks. Civil Liability in Criminal Justice is unique in its combination of applicable case law and related liability research, while still providing an overview of current case law in high-liability areas. This new edition, revised to include up-to-date United States Supreme Court cases, including liability trends on the use of force, arrest-related deaths, custodial suicides in detention, qualified immunity, and the outcomes of the Department of Justice and the application of Section 14141, additional context for liability issues, and extended coverage of collective bargaining and public perception, is a valuable resource for enhancing student knowledge and practitioner job performance. The text is suitable for undergraduate and graduate courses in Criminal Justice programs as well as for in-service and academy training. Ross offers an engaging, accessible introduction to this aspect of the US criminal justice system.