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Author: Léon Pierre Adrien de Montluc
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 40
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Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Category : Criminal procedure
Languages : en
Pages : 336
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Book Description
Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).
Author: Léon Pierre Adrien de Montluc
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 40
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Book Description
Author: Léon de Montluc
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Adhémar Esmein
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 696
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Author: France
Publisher: Fred B. Rothman
ISBN:
Category : Law
Languages : en
Pages : 408
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Book Description
This volume supersedes Volume 7 of the series.
Author: Ernest Todd
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 15
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Author: Jacqueline Hodgson
Publisher: Bloomsbury Publishing
ISBN: 1847310699
Category : Law
Languages : en
Pages : 300
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Book Description
Basing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority. An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways. This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies.
Author: Charles Cottu
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773839
Category : Constitutional law
Languages : en
Pages : 174
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Book Description
Cottu, [Charles]. On the Administration of the Criminal Code, in England, and the Spirit of the English Government. Translated Exclusively for the Pamphleteer. London: Pam[phleteer], Volume XVI, Number 31, 1820. 152 pp. [With] "M. Cottu, Criminal Law of England," Quarterly Review 1820. 18 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. LCCN 2003044228. ISBN 1-58477-383-9. Cloth. $90. * Reprint of the first English edition. Cottu [1777?-?] was a counsellor of the Royal Court of Paris and Secretary-General to the Royal Society of Prisons. In 1820 he was sent by his government to observe the English criminal courts. He returned with a vivid description of a system that had changed little since the days of Coke and Pulton. As Langbein describes it, "the whole of the criminal trial was expected to transpire as a lawyer-free contest of amateurs. In cases of felony..., the prosecution was also not represented by counsel. The victim of the crime commonly served as the prosecutor. (In homicide cases, either the victim's kin prosecuted, or the local coroner stood in.) Just as Blackstone summarized the common law on the cusp of its transformation by modern capitalism, Cottu described a system of criminal procedure that was about to be transformed into the system we recognize today. This work was originally published in the periodical The Pamphleteer. It was reissued as a book in 1822 with the title, On the Administration of Criminal Justice in England. Langbein, The Origins of Adversary Criminal Trial 11. (Cottu is noted as one of Langbein's primary sources.) Appended to this work is an 18 p. contemporaneous article reviewing the French edition.
Author: Leonard Herschel Leigh
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 84
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Book Description
An overall assessment of the criminal procedure systems in France and Germany in relation to the investigation process, the management of prosecutions and the construction of the case. It asks if some of the procedures used in Germany and France should be adopted in the UK.
Author: Cottu (M.)
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 338
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Book Description
