The Prosecutor in Transnational Perspective
The Prosecutor in Transnational Perspective

Author: Erik Luna

Publisher:

Published: 2012-09-27

Total Pages: 490

ISBN-13: 0199844801

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In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

The Integrity of Criminal Process
The Integrity of Criminal Process

Author: Jill Hunter

Publisher: Bloomsbury Publishing

Published: 2016-08-11

Total Pages: 540

ISBN-13: 1782255729

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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.

The Rise and Fall of the Right of Silence
The Rise and Fall of the Right of Silence

Author: Hannah Quirk

Publisher: Taylor & Francis

Published: 2016-11-25

Total Pages: 251

ISBN-13: 1136008004

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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.

Criminal Psychology and Forensic Technology
Criminal Psychology and Forensic Technology

Author: Grover Maurice Godwin

Publisher: CRC Press

Published: 2000-11-29

Total Pages: 379

ISBN-13: 1420038621

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Offender profiling has been developing slowly as a possible investigative tool since 1841 and the publication of Edgar Allen Poe's The Murder in the Rue Morgue. In this book, detective C. Auguste Dupin demonstrates the ability to follow the thought patterns of a companion while they stroll through Paris for 15 minutes without speaking a word. Today

Re-Reading Beccaria
Re-Reading Beccaria

Author: Antje du Bois-Pedain

Publisher: Bloomsbury Publishing

Published: 2022-10-06

Total Pages: 347

ISBN-13: 1509959157

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Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of On Crimes and Punishments' dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by meeting a historical text of this kind – unsystematic and by modern standards often under-argued – with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's political theory of criminal justice through the lenses of political and penal philosophy, considering how Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis interlinks with the concrete set of criminal justice practices Beccaria presents as justified. This leads on to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day.

Criminal Justice Ethics
Criminal Justice Ethics

Author: Cyndi Banks

Publisher: SAGE Publications

Published: 2012-03-12

Total Pages: 385

ISBN-13: 1412995450

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The importance of ethics in criminal justice -- Ethics and the police -- Racial discrimination in the criminal justice system --Lawyers and ethics -- The purpose of criminal punishment -- Ethics in Corrections --The ethics of criminal justice policy making -- Ethics and the "war on terrorism" --Media ethics and criminal justice -- Duty and principle -- Considering the consequences --The importance of character -- Egoism, pleasure and indifference -- A sense of justice --Caring for others.