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Author: Jacobson, Jessica Publisher: Policy Press ISBN: 1447321189 Category : Social Science Languages : en Pages : 252
Book Description
With a new Foreword by David Ormerod of the Law Commission. Within the criminal justice system of England and Wales, the Crown Court is the arena in which serious criminal offences are prosecuted and sentenced. On the basis of up-to-date ethnographic research, this timely book provides a vivid description of what it is like to attend court as a victim, a witness or a defendant; the interplay between the different players in the courtroom; and the extent to which the court process is viewed as legitimate by those involved in it. This valuable addition to the field brings to life the range of issues involved and is aimed at students and scholars of criminal justice, policy-makers and practitioners, and interested members of the general public.
Author: Jacobson, Jessica Publisher: Policy Press ISBN: 1447321189 Category : Social Science Languages : en Pages : 252
Book Description
With a new Foreword by David Ormerod of the Law Commission. Within the criminal justice system of England and Wales, the Crown Court is the arena in which serious criminal offences are prosecuted and sentenced. On the basis of up-to-date ethnographic research, this timely book provides a vivid description of what it is like to attend court as a victim, a witness or a defendant; the interplay between the different players in the courtroom; and the extent to which the court process is viewed as legitimate by those involved in it. This valuable addition to the field brings to life the range of issues involved and is aimed at students and scholars of criminal justice, policy-makers and practitioners, and interested members of the general public.
Author: David C. Flatto Publisher: Harvard University Press ISBN: 0674249585 Category : Law Languages : en Pages : 380
Book Description
A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers. The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born. During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance. The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
Author: Thomas Scheffer Publisher: BRILL ISBN: 9004187502 Category : Social Science Languages : en Pages : 326
Book Description
Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.
Author: New South Wales. Law Reform Commission Publisher: ISBN: 9780734726193 Category : Criminal procedure Languages : en Pages : 100
Book Description
It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
Author: Cheryl Thomas Publisher: ISBN: 9781840993264 Category : Criminal procedure Languages : en Pages : 67
Book Description
This research asks: is jury decision-making fair? Specifically, it examines whether all-white juries discriminate against black and minority ethnic defendants, whether juries rarely convict on certain offences or at certain courts, whether jurors understand legal directions, are aware of media coverage or look for information on the internet about their cases. The empirical study involved over 1,000 actual jurors in three areas of the country and over 68,000 jury verdicts across all Crown Courts in England and Wales. The study found little evidence of jury unfairness but that jurors want and need better tools to understand the jury process.
Author: Mary Cowe Publisher: Bloomsbury Publishing ISBN: 1526516330 Category : Law Languages : en Pages : 372
Book Description
Practical Advocacy in the Crown Court follows the life of a case in the Crown Court chronologically, providing guidance and insights at each step. It guides the reader from first conference through legal arguments and witness handling to sentencing hearings, with references to procedure, codes of conduct, and key cases. With an emphasis on practical advice, each chapter follows a similar format incorporating dos and don'ts, mock situations, and sections on good practice. Key topics covered include: -Making and opposing bail applications -Effective communication with lay clients -Appeals against conviction and sentence in the Crown Court -Evidential submissions -Witness handling of complainants, vulnerable witnesses, police officers and experts -Making effective jury speeches -Sentencing, mitigation and advocacy in cases involving the Mental Health Act This is the only specialist guide written for Crown Court advocates, by Crown Court advocates. It provides learned advice on common situations such as hearsay applications, hostile witnesses, making speeches or mitigating in cases where it may feel like there is little to say. It also provides insight on good communication with clients as well as court room advocacy, and dealing with lay clients, solicitors and police officers in conference. In addition, it covers written advocacy in detail, including persuasive skeleton arguments and using jury bundles effectively. Depending on the experience of the reader, this book helps the: -new advocate by giving them insight into situations that arise frequently, with a proper understanding of their role, as well as advice on how to adapt their style to the witness or the Judge -progressing advocate to develop skills with advice garnered from counsel of many years' experience, such as sections dealing with witness handling and evidential submissions in more complex cases, including rape and serious sexual offences work, proceeds of crime applications, case conferences with the CPS and presenting documents to juries in larger cases -experienced and busy advocate by looking at situations of greater complexity, such as the purpose of jury advocacy, and it will also act as a refresher for the more established advocate with writer's block in a tricky case
Author: Mike McConville Publisher: Edward Elgar Publishing ISBN: 1782548920 Category : Law Languages : en Pages : 315
Book Description
Against a backdrop of a dysfunctional criminal justice system, the authors bring an avalanche of legal and empirical material to question the legitimacy of the relationship between judges, lawyers, politicians and defendants in modern Britain. Examinin
Author: Lucy Welsh Publisher: Bloomsbury Publishing ISBN: 1509937846 Category : Law Languages : en Pages : 203
Book Description
This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.
Author: Jacobson, Jessica
Author: Jacobson, Jessica
Author: David C. Flatto
Author: Sherwood Smith
Author: Peter Morrish
Author: Thomas Scheffer
Author: New South Wales. Law Reform Commission
Author: Cheryl Thomas
Author: Mary Cowe
Author: Mike McConville
Author: Lucy Welsh