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The Integrity of Criminal Process: From Theory into Practice

Editat de Jill Hunter, Professor Paul Roberts, Simon N M Young, David Dixon
en Limba Engleză Hardback – 10 aug 2016
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.
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Specificații

ISBN-13: 9781849465946
ISBN-10: 1849465940
Pagini: 448
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.91 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This topical book seeks to generate further debate about the theoretical and practical significance of 'integrity' at all stages of the criminal process.

Notă biografică

Jill Hunter is Professor of Law, University of New South Wales. Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham; and Adjunct Professor of Law, University of New South Wales & CUPL, Beijing. Simon N M Young is Professor of Law, University of Hong Kong. David Dixon is Professor of Law and Dean of the Faculty of Law, University of New South Wales.

Cuprins

Introduction: Re-examining Criminal Process Through the Lens of Integrity Paul Roberts, Jill Hunter, Simon NM Young and David Dixon1. A Public Law Conception of Integrity in the Criminal Process Simon NM Young2. Searching for Integrity in Domestic Violence Policing Julie Stubbs3. Integrity, Interrogation and Criminal Injustice David Dixon4. Factory Farming and State-Induced Pleas Mike McConville and Luke Marsh5. Negotiating Justice with Integrity in New South Wales Nicholas Cowdery AM KC6. The Integrity of Charging Decisions Jeremy Gans7. Prosecutors Interviewing Witnesses: A Question of Integrity Paul Roberts8. Integrity, Immunity and Accomplice Witness TestimonyMichael I Jackson9. Expert Evidence and the Responsibilities of Prosecutors Gary Edmond10. Stays of Prosecution and Remedial Integrity Amanda Whitfort11. Excluding Integrity? Revisiting Non-Consequentialist Justifications for Excluding Improperly Obtained Evidence in Criminal Trials Peter Chau12. Unbecoming Jurors and Unreasoned Verdicts: Realising Integrity in the Jury Room John Jackson13. Remorse and Demeanour in the Courtroom: Cognitive Science and the Evaluation of Contrition Susan A Bandes14. Rape Law, Past Wrongs and Legal Fictions: Telling Law's Story with Integrity Jill Hunter15. Against Innocence Charles D Weisselberg16. Compensating Injustice: The Perils of the Innocence Discourse Carolyn Hoyle

Descriere

These new essays, by prominent scholars from Australia, Hong Kong, the UK and the USA, engage with - and seek to generate further debate about - the theoretical and practical significance of "integrity" at all stages of the criminal process.