Abuse of Process and Judicial Stays of Criminal Proceedings

Author: Andrew L.-T. Choo
Publisher: Oxford University Press, USA
ISBN: 9780199280834
Format: PDF
Download Now
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, ePub, Mobi
Download Now
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.

The Integrity of Criminal Process

Author: Jill Hunter
Publisher: Bloomsbury Publishing
ISBN: 1782255710
Format: PDF, ePub
Download Now
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.

Caribbean Criminal Practice

Author: Seetahal
Publisher: Cavendish Publishing
ISBN: 1843143003
Format: PDF, Docs
Download Now
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

Essentials of Torts

Author: William P. Statsky
Publisher: Cengage Learning
ISBN: 9780766811577
Format: PDF, Mobi
Download Now
This comprehensive 2nd edition provides a condensed version of Statsky's "Personal Injury Litigation, 4th Edition." It provides an overview of the law of torts with a focus on the paralegal role in tort litigation. In this 2nd edition, the basics of tort law are examined and additional case studies have been provided to offer insight into some of the current "hot topic" legal issues. There is a greater attention to the role of constitutional law, particularly in the areas of civil rights, defamation, invasion of privacy, and intentional infliction of emotional distress. These tools also serve as a helpful on-the-job refresher for anyone working in the law of torts.ALSO AVAILABLE - INSTRUCTOR SUPPLEMENT:Instructor's Guide (ISBN# 0-7668-1158-1).Call Customer Support to Order.

Judicial Responses to Pre Trial Procedural Violations in International Criminal Proceedings

Author: Kelly Pitcher
Publisher: Springer
ISBN: 9462652198
Format: PDF, Mobi
Download Now
This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs’ law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.

Case Management in Criminal Trials

Author: Roderick Denyer
Publisher: Bloomsbury Publishing
ISBN: 1847318827
Format: PDF, Kindle
Download Now
Since the first edition of this book - the first on the new system of case management in Crown Courts - much has happened, and the controversial and often misunderstood elements of case management have gradually evolved into a system which now appears to be having its intended effect. This book is designed to provide all those who work in the Crown Courts -judges, administrators, barristers and solicitors - with a one-stop guide to the day-to-day practical problems that arise both before and during trial. In particular it deals with all the problems that pre-trial case management can pose as well as those management type problems that can arise during the course of a trial such as problems with jurors, witnesses and absent defendants. It deals with all the main applications such as bad character disclosure and abuse of process. This is a unique and invaluable work of reference for all lawyers whose work brings them into contact with the Crown Court, as well as students studying for their Bar Finals.

Commonwealth Caribbean Criminal Practice and Procedure

Author: Dana S. Seetahal
Publisher: Routledge
ISBN: 1136674284
Format: PDF, ePub, Docs
Download Now
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.

Abuse of Process

Author: Colin Wells
Publisher:
ISBN: 9781903307465
Format: PDF, Mobi
Download Now
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.

Obstacles to Fairness in Criminal Proceedings

Author: John D Jackson
Publisher: Bloomsbury Publishing
ISBN: 178225837X
Format: PDF, ePub
Download Now
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.