Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Category : Criminal procedure
Languages : en
Pages : 336
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).
Prosecuting Crime in the Renaissance
Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Category : Criminal procedure
Languages : en
Pages : 336
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).
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Category : Criminal procedure
Languages : en
Pages : 336
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).
The Criminal Prosecution in England
Author: Patrick Devlin
Publisher:
ISBN:
Category : Criminal investigation
Languages : en
Pages : 0
Book Description
Publisher:
ISBN:
Category : Criminal investigation
Languages : en
Pages : 0
Book Description
Crime, Courtrooms and the Public Sphere in Britain, 1700-1850
Author: David Lemmings
Publisher: Routledge
ISBN: 1317157966
Category : History
Languages : en
Pages : 248
Book Description
Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by ’lawyerization’, but rather partly relocated to the ’public sphere’ of the press, partly because of some changes connected with the work of the lawyers. Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official ’majesty’ intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain’s legal system over the ’long eighteenth century'.
Publisher: Routledge
ISBN: 1317157966
Category : History
Languages : en
Pages : 248
Book Description
Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by ’lawyerization’, but rather partly relocated to the ’public sphere’ of the press, partly because of some changes connected with the work of the lawyers. Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official ’majesty’ intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain’s legal system over the ’long eighteenth century'.
An Introduction to Criminal Justice
Author: Jamie Harding
Publisher: SAGE
ISBN: 1526411881
Category : Social Science
Languages : en
Pages : 505
Book Description
A contemporary guide to the criminal justice process, the broad scope of this book means it will be a trusted companion throughout a Criminology and/or Criminal Justice degree. The contents of An Introduction to Criminal Justice include: 23 chapters spanning all that’s involved with, and fully contextualising, the criminal justice process: the agencies, institutions and processes and procedures that deal with victims, offenders and offending A detailed timeline of criminal justice since 1945 Consideration of victims and witnesses, complaints and misconduct A comprehensive review of policing, prosecution, the courts, imprisonment and community sanctions A focus on community safety, crime prevention and youth justice A review of the effectiveness of the criminal justice process Exploration of global and international dimensions as well as the futures of criminal justice Lots of helpful extras including further reading suggestions, case studies, self-study questions and a glossary of terms. The accompanying website to An Introduction to Criminal Justice has: A podcast interview with a police officer Practice essay questions Multiple choice questions Suggested website resources to explore Videos.
Publisher: SAGE
ISBN: 1526411881
Category : Social Science
Languages : en
Pages : 505
Book Description
A contemporary guide to the criminal justice process, the broad scope of this book means it will be a trusted companion throughout a Criminology and/or Criminal Justice degree. The contents of An Introduction to Criminal Justice include: 23 chapters spanning all that’s involved with, and fully contextualising, the criminal justice process: the agencies, institutions and processes and procedures that deal with victims, offenders and offending A detailed timeline of criminal justice since 1945 Consideration of victims and witnesses, complaints and misconduct A comprehensive review of policing, prosecution, the courts, imprisonment and community sanctions A focus on community safety, crime prevention and youth justice A review of the effectiveness of the criminal justice process Exploration of global and international dimensions as well as the futures of criminal justice Lots of helpful extras including further reading suggestions, case studies, self-study questions and a glossary of terms. The accompanying website to An Introduction to Criminal Justice has: A podcast interview with a police officer Practice essay questions Multiple choice questions Suggested website resources to explore Videos.
Issues of Convergence
Author: Chrisje H. Brants
Publisher:
ISBN: 9789058506207
Category : Civil procedure
Languages : en
Pages : 0
Book Description
This study is part of a larger comparative project in which both authors have been involved for a number of years. Its origins lie in a fascination with the relationship between different legal cultures and criminal law and procedure. Faced with trying to understand foreign law and coming to terms with the intricacies of an alien and often unarticulated legal culture, the book's authors have received assistance from defense advocates, prosecutors, judges, and academics - in interviews, lectures, or actual courtroom observations.
Publisher:
ISBN: 9789058506207
Category : Civil procedure
Languages : en
Pages : 0
Book Description
This study is part of a larger comparative project in which both authors have been involved for a number of years. Its origins lie in a fascination with the relationship between different legal cultures and criminal law and procedure. Faced with trying to understand foreign law and coming to terms with the intricacies of an alien and often unarticulated legal culture, the book's authors have received assistance from defense advocates, prosecutors, judges, and academics - in interviews, lectures, or actual courtroom observations.
Expert evidence in criminal proceedings in England and Wales
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102971170
Category : Business & Economics
Languages : en
Pages : 224
Book Description
This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.
Publisher: The Stationery Office
ISBN: 9780102971170
Category : Business & Economics
Languages : en
Pages : 224
Book Description
This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.
What's Changing in Prosecution?
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309170915
Category : Law
Languages : en
Pages : 72
Book Description
This workshop arose out of the efforts of the Committee on Law and Justice to assist the National Institute of Justice in identifying gaps in the overall research portfolio on crime and justice. It was designed to develop ideas about the kinds of knowledge needed to gain a better understanding of the prosecution function and to discuss the past and future role of social science in advancing our understanding of modern prosecution practice. The Committee on Law and Justice was able to bring together senior scholars who have been working on this subject as well as current or former chief prosecutors, judges, and senior officials from the U.S. Department of Justice to share their perspectives. Workshop participants mapped out basic data needs, discussed the need to know more about recent innovations such as community prosecution, and discussed areas where one would expect to see changes that have not occurred. The resulting report summarizes these discussions and makes useful suggestions for learning more about prosecution.
Publisher: National Academies Press
ISBN: 0309170915
Category : Law
Languages : en
Pages : 72
Book Description
This workshop arose out of the efforts of the Committee on Law and Justice to assist the National Institute of Justice in identifying gaps in the overall research portfolio on crime and justice. It was designed to develop ideas about the kinds of knowledge needed to gain a better understanding of the prosecution function and to discuss the past and future role of social science in advancing our understanding of modern prosecution practice. The Committee on Law and Justice was able to bring together senior scholars who have been working on this subject as well as current or former chief prosecutors, judges, and senior officials from the U.S. Department of Justice to share their perspectives. Workshop participants mapped out basic data needs, discussed the need to know more about recent innovations such as community prosecution, and discussed areas where one would expect to see changes that have not occurred. The resulting report summarizes these discussions and makes useful suggestions for learning more about prosecution.
Ministry of Justice - Code of Practice for Victims of Crime
Author: Great Britain: Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780108512742
Category : Law
Languages : en
Pages : 80
Book Description
This Code of Practice for Victims of Crime forms a key part of the wider Government strategy to transform the criminal justice system by putting victims first, making the system more responsive and easier to navigate. Victims of crime should be treated in a respectful, sensitive and professional manner without discrimination of any kind. They should receive appropriate support to help them, as far as possible, to cope and recover and be protected from re-victimisation. It is important that victims of crime know what information and support is available to them from reporting a crime onwards and who to request help from if they are not getting it. This Code sets out the services to be provided to victims of criminal conduct by criminal justice organisations in England and Wales. Criminal conduct is behaviour constituting a criminal offence under the National Crime Recording Standard. Service providers may provide support and services in line with this Code on a discretionary basis if the offence does not fall under the National Crime Recording Standard (NCRS) (see the glossary of key terms found at the end of this Code). Non-NCRS offences include drink driving and careless driving. This Code also sets a minimum standard for these services. Criminal justice organisations can choose to offer additional services and victims can choose to receive services tailored to their individual needs that fall below the minimum stand
Publisher: The Stationery Office
ISBN: 9780108512742
Category : Law
Languages : en
Pages : 80
Book Description
This Code of Practice for Victims of Crime forms a key part of the wider Government strategy to transform the criminal justice system by putting victims first, making the system more responsive and easier to navigate. Victims of crime should be treated in a respectful, sensitive and professional manner without discrimination of any kind. They should receive appropriate support to help them, as far as possible, to cope and recover and be protected from re-victimisation. It is important that victims of crime know what information and support is available to them from reporting a crime onwards and who to request help from if they are not getting it. This Code sets out the services to be provided to victims of criminal conduct by criminal justice organisations in England and Wales. Criminal conduct is behaviour constituting a criminal offence under the National Crime Recording Standard. Service providers may provide support and services in line with this Code on a discretionary basis if the offence does not fall under the National Crime Recording Standard (NCRS) (see the glossary of key terms found at the end of this Code). Non-NCRS offences include drink driving and careless driving. This Code also sets a minimum standard for these services. Criminal justice organisations can choose to offer additional services and victims can choose to receive services tailored to their individual needs that fall below the minimum stand
Blackstone's Guide to the Protection from Harassment Act 1997
Author: Timothy Lawson-Cruttenden
Publisher: Blackstone Press
ISBN:
Category : Law
Languages : en
Pages : 116
Book Description
Covers many types of public order and personal dispute situations such as industrial strikes, neighbourhood disputes, investigative reporters and bullying at work. Includes a copy of the Act.
Publisher: Blackstone Press
ISBN:
Category : Law
Languages : en
Pages : 116
Book Description
Covers many types of public order and personal dispute situations such as industrial strikes, neighbourhood disputes, investigative reporters and bullying at work. Includes a copy of the Act.
The Criminal Procedure (Amendment) Rules 2021
Author: GREAT BRITAIN.
Publisher:
ISBN: 9780348219036
Category :
Languages : en
Pages : 28
Book Description
Enabling power: Courts Act 2003, ss. 69, 86A (2). Issued: 18.01.2021. Sifted: -. Made: 11.01.2021. Laid: 15.01.2021. Coming into force: In accord. with rule 2. Effect: S.I. 2020/759 amended. Territorial extent & classification: E/W. General
Publisher:
ISBN: 9780348219036
Category :
Languages : en
Pages : 28
Book Description
Enabling power: Courts Act 2003, ss. 69, 86A (2). Issued: 18.01.2021. Sifted: -. Made: 11.01.2021. Laid: 15.01.2021. Coming into force: In accord. with rule 2. Effect: S.I. 2020/759 amended. Territorial extent & classification: E/W. General