A Report on the Administration of Criminal Justice in the Pre-trial Phase in France and Germany PDF Download
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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: Bron McKillop
Publisher: Hawkins Press
ISBN: 9781876067069
Category : Law
Languages : en
Pages : 116
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Book Description
The book provides a first hand account of the processing of a murder case through the French criminal justice system from the initial police investigation through to the compilation of the dossier, the hearing and the appeal, and the press coverage of the case. The study provides an effective comparison between 'adversarial' and 'inquisitorial' processes and will be valuable for anyone with an interest in comparative law, criminal process and legal systems.
Author: Adam Przeworski
Publisher: Cambridge University Press
ISBN: 9780521532662
Category : Law
Languages : en
Pages : 338
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Book Description
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
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: Andrew Ashworth
Publisher: Oxford University Press, USA
ISBN: 0199547289
Category : Language Arts & Disciplines
Languages : en
Pages : 500
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Book Description
Andrew Ashworth and Mike Redmayne address one of the most controversial areas of the entire criminal process - the pre-trial stage. Following the detention of suspects in police custody, the authors examine key issues in the pre-trial process.
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: Mireille Delmas-Marty
Publisher: Cambridge University Press
ISBN: 9780521591102
Category : Law
Languages : en
Pages : 840
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Book Description
Revised by Elena Ricci
Author: Francis Pakes
Publisher: Routledge
ISBN: 1136308946
Category : Social Science
Languages : en
Pages : 225
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Book Description
This book aims to meet the need for an accessible introductory text on comparative criminal justice, examining the ways different countries and jurisdictions deal with the main stages and elements in the criminal justice process, from policing through to sentencing. Examples are taken from all over the world, with a particular focus on Europe, the UK, the United States and Australasia. The main aims of the book are to provide the reader with: a comparative perspective on criminal justice and its main components an understanding of the increasing globalization of justice and standards of the administration of justice a knowledge of methodology for comparative research and analysis an understanding of the most important concepts in criminal justice (such as inquisitorial and adversarial trial systems, policing styles, crime control versus due process, retribution versus rehabilitation etc) discussion of global trends such as the rise of imprisonment, penal populism, diversion, international policing and international tribunals an insight into what the essential ingredients of doing justice might be. This fully updated and expanded new edition of Comparative Criminal Justice takes into account the considerable advances in comparative criminal justice research since the first edition in 2004. Each chapter has been thoroughly updated and in addition, there is a new chapter on establishing the rate of crime in a comparative context. The rate of development in international policing and international development has been such that there is now an individual chapter devoted to each; and throughout the book, the role of globalization, changing both the local and the global in criminal justice arrangements, orientations and discourses, has now been given the prominence it deserves.
Author: Marion Charret-Del Bove
Publisher: Cambridge Scholars Publishing
ISBN: 1443861847
Category : Law
Languages : en
Pages : 250
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Book Description
Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.
Author: Paul Rock
Publisher: Routledge
ISBN: 0429892187
Category : History
Languages : en
Pages : 580
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Book Description
Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been ‘written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved’. This book will be of much interest to students of criminology and British history, politics and law.
Author: K. Jaishankar
Publisher: K. Jaishankar
ISBN: 1443801984
Category : Crime
Languages : en
Pages : 759
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Book Description
In a world of growing interdependence, crimes are no longer confined by national boundaries. In this context, the necessity to understand criminological developments across the globe becomes imperative. This book aims to offer cross-cultural perspectives of different criminological issues and criminal justice systems operating worldwide. This book emphasizes the collective understanding of criminological problems from an international perspective. This book is a quintessence of contemporary criminological developments, with a global outlook. The book is an edited volume of articles collected from criminologists all over the world. It is a peer reviewed collection. The chapters focuses on various criminological issues such as Bullying, Child abuse, Corrections (Institutional and Community), Cyber crimes, Corporate crime, Corruption, Costs of crime, Crime Analysis, Crime prevention, Crime Mapping and GIS, Criminal justice systems, Environmental crime, Ethnic/communal/caste conflicts, Family violence, Fear of crime, High tech crimes, Homicide, Human trafficking, Juvenile Delinquency, Organized crime, Offenders including women offenders, Policing, Prisons, Public attitudes, Restorative justice, Sexual assault, Stalking, Theories of crime, Transnational crime, Victimology, Violence, White collar crime, and Workplace violence. The book aims to provide theoretical frameworks and pragmatic discussions on Criminology and Criminal Justice. It is intended for Academics, Criminal Justice professionals, and Graduate Students who want to improve their understanding of the issues and challenges that arise when issues related to criminology and criminal justice cross national boundaries. Also, practitioners and academics of allied fields like sociology, psychology, geography, political science, public administration and forensic sciences whose research interests include either crime/criminal justice system/Victim or crime analysis will find this book useful. â oeThe comprehensive framework of this book means that it provides a rich variety of international perspectives on an array of crime and justice-related issues. The thirty chapters presented here are a treasure trove of insights in terms of both topical variety and approaches within topic. Dr. Jaishankar has assembled a valuable collection of readings that will find broad acceptance internationally.â Prof. Keith Harries (From the Foreword)
