Suchergebnisse

Table of cases -- Table of statutes -- International legislation and conventions -- Table of secondary legislation; codes of conduct; codes of practice; practice directions -- 1. Introduction to the English criminal process -- 2. Towards a framework for evaluating the criminal process -- 3. Ethics, conflicts, and conduct -- 4. Investigating crime and gathering evidence -- 5. Questioning -- 6. Gatekeeping and diversion from prosecution -- 7. Prosecutions -- 8. Remands before trial -- 9. Pre-trial issues: disclosure and abuse of process -- 10. Plea -- 11. The trial -- 12. Appeals, reviews, and retrials -- 13. Circumventing the trial through preventive orders -- 14. Criminal process values -- Bibliography -- Index.

The role of narratives in legal contexts has been explored in multidisciplinary research for several decades. A common claim in this research is that the understanding of narratives is crucial to the understanding of any legal process, especially to most representations of the facts in a criminal case. It seems justified to say that law's cultural foundations and presuppositions are always in some way or another manifested in its narratives and acts of narration. The research conducted within the field of law and narrative helps to expand our knowledge of the multiple ways in which legal thinking and decision-making rely on narrative, in both senses of the term. It also enhances our understanding of how narratives are put to use as rhetorical tools, both in the courtroom and in the court's written judgments. The contributions to this volume present the field of law and narrative as it exists today and expand the area of inquest into fields like text linguistics, speech act theories, ordinary language theory, public international law, artificial intelligence and various media transformations of law stories.

This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming and will continue to be a reality of our criminal justice process. Too often law professors feel content to dogmatically insist that crimes are wrongs committed against the public rather than an individual and that, therefore, victim involvement in criminal cases beyond the potential witness capacity is inappropriate.' 8 Contrary to their assertions, however, victims have been involved in the disposition of criminal cases for much longer than they have been marginalized, and they are unlikely to remain impotent forces in the disposition of cases. As a consequence, advocates must think creatively about how to provide victims with participation at a minimal cost to existing procedural protections for defendants. Part I of this essay briefly traces the evolution of state control over criminal prosecution. Part II argues that, as a matter of political economy, an unstable equilibrium is created by closing victims out of the criminal justice system. This article leaves for future discussion the identification of desirable victims' rights reforms.

The relative absence of formal provision for the resolution of conflict among org's in the US legal system results in each one controlling others in the system through constraints on the processing of people & information as inputs to their org's. Focus is on the specific case where the courts attempt to control the behavior of the police through the exclusionary rule, esp as set forth in the Miranda decision. Data on interrogations of suspects in field patrol settings show that arresting officers always had evidence apart from the interrogation itself as a basis for arrest. It would appear that the introduction of Miranda-type warnings into field settings would have relatively little effect on the liability of suspects to criminal charges, esp in felony cases, assuming current police behavior with respect to arrest. HA.

The relative absence of formal provision for the resolution of conflict among organizations in the American legal system results in each one controlling others in the system through constraints on the processing of people and information as inputs to their own organization. This paper focuses on the specific case where the courts attempt to control the behavior of the police through the exclusionary rule, particularly as set forth in the Miranda decision. Data on interrogations of suspects in field patrol settings show that arresting officers always had evidence apart from the inter rogation itself as a basis for arrest. It would appear that the introduction of Miranda-type warnings into field settings would have relatively little effect on the liability of suspects to crimi nal charges, particularly in felony cases, assuming current police behavior with respect to arrest.