Case Management in Criminal Trials

Author: Roderick Denyer
Publisher: Bloomsbury Publishing
ISBN: 1847318819
Format: PDF, ePub, Mobi
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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.

Case Management in the Crown Court

Author: Roderick Denyer
Publisher: Hart Pub Limited
ISBN: 9781841137858
Format: PDF, Docs
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This book is not intended as an academic treatise on criminal law nor the law of evidence. It is designed instead to assist all those who work in the Crown Court in dealing with the day-to-day practical problems that arise both before and during trial. In particular it is 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. As such it will be an invaluable vade mecum for barristers and solicitors appearing in the Crown Court, officers of the Court, Circuit judges, members of the CPS whose work brings them into daily contact with the Court and students on the BVC .

The Origins of Reasonable Doubt

Author: James Q. Whitman
Publisher: Yale University Press
ISBN: 9780300116007
Format: PDF, ePub, Docs
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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Criminal Fair Trial Rights

Author: Ryan Goss
Publisher: Bloomsbury Publishing
ISBN: 178225496X
Format: PDF, ePub, Docs
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The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.

Hearsay Evidence in Criminal Proceedings

Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1782252932
Format: PDF
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The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.

International Criminal Law Practitioner Library Volume 3

Author: Gideon Boas
Publisher: Cambridge University Press
ISBN: 110737538X
Format: PDF, ePub, Docs
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A comprehensive and invaluable reference work for practitioners, academics and students of international criminal law, this series critically examines a complex and important legal area. Volume I considers the criminal responsibility of individuals for the commission of war crimes, crimes against humanity, and genocide; Volume II focuses on these core international crimes and discusses their interaction with the forms of responsibility; and Volume III provides an evaluation of international criminal procedure and the rules and practices designed to ensure effective investigations and fair trials.

Criminal Judicial Review

Author: Piers von Berg
Publisher: Bloomsbury Publishing
ISBN: 1782254218
Format: PDF
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This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief during ongoing proceedings. Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Criminal Judicial Review is intended as a resource for both. The book deals with the principles, case law, remedies and, the practice and procedure for obtaining legal aid and costs. It will be of assistance to any practitioner preparing or responding to judicial review claims involving the following: - The Police and the Crown Prosecution Service. - Magistrates' courts, the Crown Court and Coroners. - Prisons and the Parole Board. - Statutory bodies such as the Independent Police Complaints Commission and the Legal Aid Agency. - Claimants who are children, young persons or have mental disorders. - The international dimension including extradition proceedings and European Union law. - Practical considerations such as CPR Part 54, remedies, legal aid and costs. From the Foreword by The Rt Hon Lord Judge "The book is offered in clear and simple style, focussing less on esoteric theoretical considerations and more on the practical needs of the practitioner. It brings together materials relating to public law with which a criminal specialist may be less well informed, and material relevant to the criminal justice processes which may not be immediately apparent to the public law specialist. It will assist with the preparation of arguments, and also enable submissions which are unarguable to be discarded. It will therefore provide valuable guidance in this broad and developing area of practice.??

Sexual Assault and the Justice Gap A Question of Attitude

Author: Jennifer Temkin
Publisher: Bloomsbury Publishing
ISBN: 1847314201
Format: PDF
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This book is set against the background of the 'justice gap' in sexual assault cases - the dramatic gap between the number of offences recorded by the police and the number of convictions. It seeks to examine the attitudinal problems which bedevil this area of law and possible strategies for addressing them. Written by a professor of law and a professor of psychology, it reviews evidence from socio-legal and social cognition research and presents new data drawn both from interviews with judges and barristers and from studies with prospective lawyers and members of the public. In the final part, it considers different ways in which rape trials could be improved and suggests steps that could be taken to change public attitudes about sexual assault.

International Criminal Law Practitioner Library Volume 3

Author: Gideon Boas
Publisher: Cambridge University Press
ISBN: 110737538X
Format: PDF, Kindle
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A comprehensive and invaluable reference work for practitioners, academics and students of international criminal law, this series critically examines a complex and important legal area. Volume I considers the criminal responsibility of individuals for the commission of war crimes, crimes against humanity, and genocide; Volume II focuses on these core international crimes and discusses their interaction with the forms of responsibility; and Volume III provides an evaluation of international criminal procedure and the rules and practices designed to ensure effective investigations and fair trials.

Caseflow Management

Author: David C. Steelman
Publisher:
ISBN: 9780896562356
Format: PDF, ePub
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"To reduce and avoid delay, American courts have developed a set of principles and techniques since the 1970s that we refer to as "caseflow management" ... The main premise of this book is that caseflow management is more than just a way to reduce or avoid delay, however. In fact, caseflow management is the conceptual heart of court management in general. We can fully understand courts as organizations only if we understand the requirements of caseflow management. In managing a court, the chief judge and court managers should focus first on caseflow management - not just because it addresses problems of delay or backlog, but more importantly because it is the very foundation of court management in general." -- from the Introduction, p. xi.