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Author: Marion Charret-Del Bove Publisher: Cambridge Scholars Publishing ISBN: 1443861847 Category : Law Languages : en Pages : 250
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: Marion Charret-Del Bove Publisher: Cambridge Scholars Publishing ISBN: 1443861847 Category : Law Languages : en Pages : 250
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: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Jacqueline E. Ross Publisher: Edward Elgar Publishing ISBN: 1781007195 Category : Law Languages : en Pages : 568
Book Description
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
Author: Barry Mahoney Publisher: ISBN: 9780756720735 Category : Languages : en Pages : 115
Book Description
Pretrial services (PS) programs can be valuable resources for making significant improvements in the criminal justice system because they are used in the early stages of the criminal case process. This report provides a review of issues and practices in the PS field. It describes how pretrial programs operate, discusses key policy issues, and outlines issues and challenges for the future. It pays particular attention to how PS programs obtain and convey information relevant to the pretrial release/detention decision. Describes how PS agencies, the court, and other criminal justice system agencies can work together to minimize the risks of nonappearance and pretrial crime.
Author: Stigall, Dan E. Publisher: Edward Elgar Publishing ISBN: 1800887183 Category : Law Languages : en Pages : 272
Book Description
Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.
Author: Christine S. Scott-Hayward Publisher: Routledge ISBN: 100043186X Category : Social Science Languages : en Pages : 464
Book Description
The Handbook on Pretrial Justice covers the front end of the criminal legal system from pretrial diversion to pretrial detention or release. Often overlooked, the decisions made at the earliest phases of the criminal legal system have huge implications for defendants and their families, the community, and the system itself, and impact the entire criminal legal system. This collection of essays and reports of original research explores the complexities of pretrial decisions and practices and includes chapters in the following broad areas: the consequences of detention, pretrial decision-making, community supervision, and risk assessment. The book also includes a section looking at pretrial justice outside of the U.S. Each chapter summarizes what is known, identifies the gaps in the research, and discusses the theoretical, empirical, and policy implications of the research findings. This is Volume 6 of the American Society of Criminology’s Division on Corrections and Sentencing handbook series. The handbooks provide in-depth coverage of seminal and topical issues around sentencing and correction for scholars, students, practitioners, and policymakers.
Author: Darryl K. Brown Publisher: Oxford University Press ISBN: 0190659866 Category : Law Languages : en Pages : 952
Book Description
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Author: Trevor Harris Publisher: Routledge ISBN: 1000709000 Category : History Languages : en Pages : 352
Book Description
This volume looks at Britain since 1948 – the year when the Empire Windrush brought a group of 492 hopeful Caribbean immigrants to the United Kingdom. “Post-war Britain” may still be the most common label attached to studies in contemporary British history, but the contributors to this book believe that “post-Windrush Britain” has an explanatory power which is equally useful. The objective is to study the Windrush generation and Enoch Powell’s now infamous speech not only in their original historical context but also as a key element in the political, social and cultural make-up of today’s Britain. Contributions to the book use a diversity of approaches: from the lucid, forward-looking assessment by Trevor Phillips, which opens the volume; through Patrick Vernon’s account of the legacy of Powell’s speech in Birmingham and how it inspired him to launch a national campaign for Windrush Day; to the plea from novelist and playwright Chris Hannan for a fully inclusive, national conversation to help overturn deeply ingrained prejudice in all parts of our society.
Author: Sara C. Motta Publisher: Routledge ISBN: 0429603061 Category : Philosophy Languages : en Pages : 129
Book Description
Focusing on the increasing refusal and transgression of politics as normal across the globe, this book examines new forms of democratisation, democratic life and political subjectivity, as people seek to gain control over the decisions and processes affecting their lives. The contributors to this volume challenge the hegemonic truth regimes of political science by bringing to our attention practices and discussions on the margins of political theorisation and conceptualisation. They offer a pluridiveristy of theorisations and engagements that mirror the very practises of democratic life of which they speak. They demonstrate how research on the margins enables us to develop and deepen our conceptualisation and engagement with these new forms of democratic thought and practice, and hence our understanding of the political and the transformation of political science. These new forms of politics call into question the epistemological authority of political science, and this book will be of interest to those seeking to understand the increasing trend towards prefigurative epistemologies, decolonising methodologies and participatory forms of becoming political. This book was originally published as a special issue of Social Identities.
Author: Amanda Spalding Publisher: Bloomsbury Publishing ISBN: 1509947418 Category : Law Languages : en Pages : 228
Book Description
This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.
Author: Marion Charret-Del Bove
Author: Marion Charret-Del Bove
Author: American Bar Association. House of Delegates
Author: Jacqueline E. Ross
Author: Barry Mahoney
Author: Stigall, Dan E.
Author: Christine S. Scott-Hayward
Author: Darryl K. Brown
Author: Trevor Harris
Author: Sara C. Motta
Author: Amanda Spalding