The Golden Thread of the English Criminal Law PDF Download

Author: Rupert Cross
Publisher: CUP Archive
ISBN: 9780521214056
Category : Law
Languages : en
Pages : 24

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Author: Claire Hamilton (Barrister)
Publisher: Justice in Controversy
ISBN:
Category : History
Languages : en
Pages : 276

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Book Description
The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of English criminal law and a "fundamental postulate" of Irish criminal law which enjoys constitutional protection. Reflecting on the bail laws in the O'Callaghan case, Walsh J. described the presumption as a 'very real thing and not simply a procedural rule taking effect only at the trial'. The purpose of this book is to consider whether the reality matches the rhetoric surrounding this central precept of our criminal law and to consider its efficacy in the light of recent or proposed legislative innovations. Considerable space is devoted to the anti-crime package introduced by the government in the period of heightened concern about crime which followed the murder of journalist Veronica Guerin. Described by the Bar Council as "the most radical single package of alterations to Irish criminal law and procedure ever put together, " the effect of the package was an amendment of the bail laws and the introduction of preventative detention; a curtailment of the right to silence for those charged with serious drugs offences and the introduction of a novel civil forfeiture process to facilitate the seizure of the proceeds of crime, a development which arguably circumvents the presumption. Given these developments, the question posed in the book is whether we can lay claim to a presumption that is more than merely theoretical or illusory.

Author: John D Jackson
Publisher: Bloomsbury Publishing
ISBN: 1782258361
Category : Law
Languages : en
Pages : 400

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This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.

Author: Brian P. Block
Publisher: Waterside Press
ISBN: 1872870341
Category : Law
Languages : en
Pages : 138

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Book Description
A collection of some of the most famous cases in English law - with an explantion of how they changed things - by two leading commentators. Every UK lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the ëgolden thread of English lawí whereby the burden of proof lies with the prosecutor in a criminal trial, even in the case of murder. But who was ëWoolmingtoní and how many people know that he escaped the death penalty at the eleventh hour, or that he was twice tried for murder? ëLords give man back his lifeí as the Western Gazette put it. Likewise, in the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would ultimately determine ñ at the highest level - that ëthe categories of negligence are never closedí? And how did the tranquil market town of Wednesbury come to be legal shorthand for ëunreasonablenessí. In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the background to a selection of leading cases in English law. From the Mareva case (synonymous with a type of injunction) to Lord Denningís classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of every law student, general reader or seasoned practitioner interested in how English law evolves.

Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1509926666
Category : Law
Languages : en
Pages : 1057

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Book Description
This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. Review of Previous Edition: '... undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart, Criminal Law Review

Author: Kai Ambos
Publisher: Cambridge University Press
ISBN: 1108483399
Category : Law
Languages : en
Pages : 507

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A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author: Chan Wing Cheong
Publisher: Academy Publishing
ISBN: 9810767994
Category : Criminal law
Languages : en
Pages : 408

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Book Description
In this book, the authors propose a set of improved and modernised provisions expressing the general principles of criminal responsibility. This set of principles will comprise a 'General Part' which, it is proposed, will form part of Singapore's Penal Code. The key objective of devising and enacting the General Part is to significantly revitalise the Penal Code and restore many of its original technical attributes. Each chapter of this book comprises: (a) a carefully considered and drafted provision on a general principle of criminal responsibility; (b) a summary of the existing law in Singapore pertaining to that principle; (c) a selection of recent formulations of that principle from other jurisdictions to benchmark Singapore's law (both current and proposed) with international best practices; and (d) a comparison of these formulations with the provision proposed in this book for inclusion as a General Part in Singapore's Penal Code.

Author: Tim Newburn
Publisher: Routledge
ISBN: 1136308237
Category : Social Science
Languages : en
Pages : 738

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Book Description
This book provides the most comprehensive and authoritative book yet published on the subject of criminal investigation, a rapidly developing area within the police and other law enforcement agencies, and an important sub discipline within police studies. The subject is rarely out of the headlines, and there is widespread media interest in criminal investigation. Within the police rapid strides are being made in the direction of professionalizing the criminal investigation process, and it has been a particular focus as a means of improving police performance. A number of important reports have been published in the last few years, highlighting the importance of the criminal investigation process not only to the work of the police but to public confidence in this. Each of these reports has identified shortcomings in the way criminal investigations have been conducted, and has made recommendations for improvement . The Handbook of Criminal Investigation provides a rigorous and critical approach to not only the process of criminal investigation, but also the context in which this takes place, the theory underlying it, and the variety of factors which influence approaches to it. It will be an indispensable source of reference for anybody with an interest in, and needing to know about, criminal investigation. Contributors to the book are drawn from both practitioners in the field and academics.

Author: Tom Bingham
Publisher: Penguin UK
ISBN: 0141962011
Category : Law
Languages : en
Pages : 236

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Book Description
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

Author: Taylor & Francis Group
Publisher: Routledge
ISBN: 9781032083674
Category :
Languages : en
Pages : 216

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Book Description
Evidence-Based Practice (EBP) has over the last decade made an increasing mark in several fields, notably health and medicine, education and social welfare. In recent years it has begun to make its mark in criminal justice. As engagement with EBP has spread, it has begun to evolve from what might be regarded as a somewhat narrow doctrine and orthodoxy to something more complex and various. Often criminological research has been at odds with the assumptions, conventions and methodologies associated with first generation EBP. In that context EBP poses a challenge to the research community and existing evidence base and is, accordingly, hotly controversial. This book is a welcome and timely contribution to current debates on evidence-based practice in policing. With a sharp conceptual focus, the chapters provide a critical examination of the recent history of EBP in academic, policy and practitioner communities, evaluate key dimensions of its application to policing, challenge established understandings and pave the way for a much needed change in how research 'evidence' is perceived, generated, transferred, implemented and evaluated.