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The Judicial Role in Criminal Proceedings

Editat de Sean Doran, Professor John D Jackson
en Limba Engleză Hardback – 3 dec 2000
The role of the judge in criminal proceedings is a multifaceted one that is subject constantly to new demands and challenges. In recent times,for example, judges have been accorded greater responsibility for case management in advance of trial, adaptations to the rules of evidence have enhanced the scope for discretionary decision-making, while legislative developments in the sentencing field have forced a reevaluation of the judge's role in sentencing offenders. In the near future, the judicial role in this jurisdiction will take on a new dimension when the Human Rights Act is implemented. This collection of essays includes contributions on the above themes and beyond, including the issues of plea bargaining, judges in emergency situations, judges and media concerns, victims in the criminal process and magistrates' justice. The collection is comparative and international in scope and includes contributions from leading scholars in the United States, Europe and elsewhere. Authors include Judge Jack B. Weinstein, Andrew Ashworth, Mike McConville, and Justice Albie Sachs.
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Specificații

ISBN-13: 9781841130453
ISBN-10: 1841130451
Pagini: 352
Dimensiuni: 156 x 234 x 27 mm
Greutate: 0.69 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The judicial role in criminal proceedings will take on a new dimension when the Human Rights Act is implemented. This collection -international in scope- includes essays on plea bargaining, judges and media concerns, and magistrates' justice.

Notă biografică

Sean Doran is Professor of Law at the Queen's University of Belfast.John Jackson is a Professor of Law and Dean of the Faculty of Law at the Queen's University of Belfast.

Cuprins

PART I: JUDGING LAW AND FACT1.The Necessarily Expanding Role of the Criminal Trial Judge2.Comparative Perspectives on the Judicial Role3.Fact Determination: Common Sense Knowledge, Judicial Notice and Social Science Evidence4.The Separation of Questions of Law and Fact in the New Russian and Spanish Jury VerdictsPART II: PROTECTION OF RIGHTS AND PREVENTION OF UNFAIRNESS5.Plea Bargaining: Ethics and Politics6.Attempting to Ensure Fairness in the Glare of the Media7.The Impact of Human Rights on Judicial Decision Making in Criminal Cases8.Evidential Rules for Criminal Trials: Who Should be in Charge?9.Victims and the Criminal Process: A Public Service Ethos for Criminal Justice?10.Judges and Gender11.Co-operative Justice and the Adversarial Criminal Trial: Lessons from the Woolf Report12.Raising Concerns about Magistrates' ClerksPART IV: JUDGES AND JUDGING IN TIMES OF CRISIS13.The Truth and Reconciliation Commission in South Africa14.Judicial Roles and the Criminal Process During States of Emergency: A Framework for Analysis15.Emergency Cases: Commissions, Commissioners and the Commodity of JusticePART V: SENTENCING16.The United States Perspective on the Judicial Role in Sentencing: A Story of Small Victories and a Call for Partial Solutions in a Difficult Environment17.Some Reflections on the Federal Judicial Role During the War on Drugs18.The Roles of Legislature and Judiciary in English Sentencing19.The Judicial Role in the "Balance" between Two Visions of Justice in Sentencing20.Judicial Discretion and Gender Issues in Sentencing

Recenzii

.essays cover a wide range of criminal justice topicsallows the richness and interconnections of the criminal process to emerge.This is a valuable collection for all that are interested in the Anglo-American criminal process and the evolving, dynamic and often controversial role of judges in that process.
This is a scholarly collection of thought provoking contributions to an ongoing debate in Britain and abroad. The calibre of the contributors to this book gives an indication of the weight of analysis presented here. It is another excellent addition to the already excellent Hart catalogue.

Descriere

The comparative and international book considers the future of the judicial role in criminal proceedings.