Defendant Participation in the Criminal Process
Defendant Participation in the Criminal Process

Author: Abenaa Owusu- Bempah

Publisher: Routledge

Published: 2016-10-04

Total Pages: 239

ISBN-13: 131766468X

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Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

ABA Standards for Criminal Justice
ABA Standards for Criminal Justice

Author: American Bar Association

Publisher:

Published: 1999-01-01

Total Pages: 151

ISBN-13: 9781570737138

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"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

The Bail Book
The Bail Book

Author: Shima Baradaran Baughman

Publisher: Cambridge University Press

Published: 2018

Total Pages: 331

ISBN-13: 1107131367

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Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Machinery of Criminal Justice
The Machinery of Criminal Justice

Author: Stephanos Bibas

Publisher: Oxford University Press

Published: 2012-02-28

Total Pages: 320

ISBN-13: 0190236760

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Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.

Les Discussions Et Ententes Sur Le Plaidoyer
Les Discussions Et Ententes Sur Le Plaidoyer

Author: Law Reform Commission of Canada

Publisher: Ottawa, Canada : Law Reform Commission of Canada

Published: 1989

Total Pages: 240

ISBN-13:

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This document presents the Commission's view on the need for reform together with their recommendations and commentary.

Crime Victims with Developmental Disabilities
Crime Victims with Developmental Disabilities

Author: National Research Council

Publisher: National Academies Press

Published: 2001-02-06

Total Pages: 208

ISBN-13: 030917127X

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Although violent crime in the United States has declined over the past five years, certain groups appear to remain at disproportionately high risk for violent victimization. In the United States, people with developmental disabilities-such as mental retardation, autism, cerebral palsy, epilepsy, and severe learning disabilities may be included in this group. While the scientific evidence is scanty, a handful of studies from the United States, Canada, Australia, and Great Britain consistently find high rates of violence and abuse affecting people with these kinds of disabilities. A number of social and demographic trends are converging that may worsen the situation considerably over the next several years. The prevalence of developmental disabilities has increased in low-income populations, due to a number of factors, such as poor prenatal nutrition, lack of access to health care or better perinatal care for some fragile babies, and increases in child abuse and substance abuse during pregnancy. For example, a recent report of the California State Council on Developmental Disabilities found that during the past decade, while the state population increased by 20 percent, the number of persons with developmental disabilities in California increased by 52 percent and the population segment with mild mental retardation doubled. Because of a growing concern among parents and advocates regarding possible high rates of crime victimization among persons with developmental disabilities, Congress, through the Crime Victims with Disabilities Awareness Act of 1998, requested that the National Research Council of the National Academy of Sciences conduct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strategies to reduce the incidence of crimes against those individuals. Crime Victims with Developmental Disabilities summarizes the workshop and addresses the following issues: (1) the nature and extent of crimes against individuals with developmental disabilities; (2) the risk factors associated with victimization of individuals with developmental disabilities; (3) the manner in which the justice system responds to crimes against individuals with disabilities; and (4) the means by which states may establish and maintain a centralized computer database on the incidence of crimes against individuals with disabilities within a state.

The Trial on Trial: Volume 2
The Trial on Trial: Volume 2

Author: R A Duff

Publisher: Bloomsbury Publishing

Published: 2006-04-05

Total Pages: 276

ISBN-13: 1847311636

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What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.