Criminal Defences And Pleas In Bar Of Trial

Criminal Defences and Pleas in Bar of Trial PDF
Author: James Chalmers (LLB.)
Publisher: W. Green & Son
Format: PDF, ePub
Category : Criminal liability
Languages : en
Pages : 414
View: 175
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Book Description: This vitally important new title provides criminal practitioners and others involved in Scots criminal law with an in-depth narrative guide to the law of criminal defences in Scotland. The comprehensive coverage considers defences in the widest sense, examining not only those which form part of substantive criminal law but also procedural matters such as pleas in bar of trial, abuse of process, delay, entrapment and prejudicial publicity. Drawing on theoretical and comparative material where appropriate, Criminal Defences provides a more detailed treatment of this area than any other existing work and is unique in the quality and scope of its coverage. This title covers all recent changes and developments relating to defences and offers direction on areas where the law is still developing and unclear.


Fitness To Plead

Fitness to Plead PDF
Author: Ronnie Mackay
Publisher: Oxford University Press
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 320
View: 1927
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Book Description: The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.


The Mischief Of Plea Bargaining And Sentencing Rewards Arguments For And Against A Reduction In Sentence For A Guilty Plea

The mischief of plea bargaining and sentencing rewards  Arguments for and against a reduction in sentence for a guilty plea PDF
Author: James Michael Corbett
Publisher: GRIN Verlag
Format: PDF, Docs
Category : Law
Languages : en
Pages : 10
View: 5266
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Book Description: Academic Paper from the year 2012 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2.1, City University London (The City law School), course: LLM Criminal Litigation, language: English, abstract: This essay will begin by critically examining the arguments both for and against the discount. In first considering the arguments in favour of the reduction it shall clearly set out the reasons in support of this and shall include an examination into the commentary from a range of different theorists, some of which are against the reduction and who criticise these arguments in favour. This critic will acknowledge these viewpoints and shall respond with reasoning to suggest that the arguments against the discount cannot stand. Thereafter it shall go on to evaluate the arguments not in favour of the discount and this will include a counter response, first in acknowledging the points raised, before then going on to examine what aspect of these arguments are taken issue with. After critically examining and evaluating the arguments for and against the discount the essay shall then go on to consider the potential solutions to dealing with a number of concerns the reduction presents and whether they are likely to work. The evaluation of these solutions shall then go on to consider the recommendation and will involve a presentation of discussion around the reforms that are intended to rectify the concerns. In English law a sentencing discount is awarded to the accused if they plead guilty to the crime they are charged with. The current award of around one third distinguishes those who admit to being in the wrong from those who continually deny their flaws.


Criminal Litigation And Sentencing

Criminal Litigation and Sentencing PDF
Author: The City Law School
Publisher: Oxford University Press, USA
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 367
View: 3752
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Book Description: Criminal Litigation & Sentencing gives the reader a detailed understanding of the key laws, rules, and procedures underpinning the criminal justice system from arrest and charge of a suspect, to trial, sentencing, and appeal. Prosecution cases in the magistrates', Crown, youth, and appellant courts are each fully covered.


Killing In Self Defence

Killing in Self Defence PDF
Author: Fiona Leverick
Publisher: OUP Oxford
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 248
View: 3170
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Book Description: This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.


Defense Counsel In Criminal Cases

Defense Counsel in Criminal Cases PDF
Author: Caroline Wolf Harlow
Publisher:
Format: PDF, Mobi
Category : Criminal law
Languages : en
Pages : 12
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Book Description:


Scots Criminal Law

Scots Criminal Law PDF
Author: Pamela R Ferguson
Publisher: Edinburgh University Press
Format: PDF
Category : Law
Languages : en
Pages : 798
View: 632
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Book Description: Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe


Answering For Crime

Answering for Crime PDF
Author: R A Duff
Publisher: Bloomsbury Publishing
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 342
View: 5805
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Book Description: In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.


Manifest Madness

Manifest Madness PDF
Author: Arlie Loughnan
Publisher: Oxford University Press
Format: PDF, Docs
Category : Law
Languages : en
Pages : 307
View: 503
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Book Description: Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.


Comparing Tort And Crime

Comparing Tort and Crime PDF
Author: Matthew Dyson
Publisher: Cambridge University Press
Format: PDF
Category : Law
Languages : en
Pages : 557
View: 2218
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Book Description: The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of tort law and criminal law, and how do you tell the difference between them? Do criminal lawyers and civil lawyers reason and argue in the same way? Are the rules on capacity, consent, fault, causation, secondary liability or defences the same in tort as in crime? How do the rules of procedure operate for each area? Are there points of overlap? When, how and why do tort and crime interact? This volume systematically answers these and other questions for eight legal systems: England, France, Germany, Sweden, Spain, Scotland, the Netherlands and Australia.


Aba Standards For Criminal Justice

ABA Standards for Criminal Justice PDF
Author: American Bar Association
Publisher:
Format: PDF
Category : Criminal justice, Administration of
Languages : en
Pages : 151
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Book Description: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.


General Defences In Criminal Law

General Defences in Criminal Law PDF
Author: Alan Reed
Publisher: Routledge
Format: PDF, Docs
Category : Law
Languages : en
Pages : 613
View: 7227
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Book Description: The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.


The Insanity Defence

The Insanity Defence PDF
Author: Warren Brookbanks
Publisher: Oxford University Press
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 417
View: 3035
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Book Description: More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.


Tort Law Defences

Tort Law Defences PDF
Author: James Goudkamp
Publisher: A&C Black
Format: PDF, ePub
Category : Law
Languages : en
Pages : 422
View: 5968
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Book Description: The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.


The Handbook Of Comparative Criminal Law

The Handbook of Comparative Criminal Law PDF
Author: Kevin Jon Heller
Publisher: Stanford University Press
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 672
View: 7578
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Book Description: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.


Women Who Kill Criminal Law And Domestic Abuse

Women Who Kill  Criminal Law and Domestic Abuse PDF
Author: Rachel M. McPherson
Publisher: Taylor & Francis
Format: PDF
Category : Law
Languages : en
Pages : 135
View: 3885
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Book Description: This book presents an informed, coherent and stimulating analysis of UK legal defences of homicide by victims of domestic abuse. Women killing following domestic abuse from a male partner is a significant category of homicide. In some areas of the UK it represents the most common context in which women kill. Yet, despite its significance, it is an aspect of homicide that remains under-researched within a UK context. Much of what is known about cases of this type comes from other jurisdictions. This book brings together a coherent understanding of the UK landscape in this area. It builds upon existing literature, particularly from the US, which has examined this issue from a practical perspective, using the lived experiences of practitioners involved in cases of this type. The collection combines the experiences of those in practice with academic expertise, pointing to potential sites of injustice that exist in this context and offering suggestions for reform. The volume will be a valuable guide for those involved in cases of this nature whilst also offering insight to those academics with an interest in homicide and legal responses to domestic abuse. The book will also be of interest to those working in the area of comparative criminal justice.


Loss Of Control And Diminished Responsibility

Loss of Control and Diminished Responsibility PDF
Author: Alan Reed
Publisher: Routledge
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 410
View: 7533
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Book Description: This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.


Participation In Crime

Participation in Crime PDF
Author: Alan Reed
Publisher: Routledge
Format: PDF, Kindle
Category : Social Science
Languages : en
Pages : 512
View: 5164
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Book Description: Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.


Walker And Walker The Law Of Evidence In Scotland

Walker and Walker  The Law of Evidence in Scotland PDF
Author: Margaret L Ross
Publisher: Bloomsbury Publishing
Format: PDF, Docs
Category : Law
Languages : en
Pages : 887
View: 299
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Book Description: A comprehensive and detailed examination of the law of evidence in the broadest of civil and criminal contexts. The emphasis is upon rigorous examination of the issues affecting all who work with the law of evidence whether in court, chamber practice or legal education. The fifth edition takes account of a range of relevant new legislation, including the following statutes: · Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 · Domestic Abuse (Scotland) Act 2018 · Abusive Behaviour and Sexual Harm (Scotland) Act 2016 · Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 · Criminal Justice (Scotland) Act 2016 It includes relevant case law, including significant developments in respect of opinion evidence, real evidence and corroboration.


Legal Responses To Hiv And Aids

Legal Responses to HIV and AIDS PDF
Author: James P Chalmers
Publisher: Bloomsbury Publishing
Format: PDF, ePub
Category : Law
Languages : en
Pages : 194
View: 6180
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Book Description: Since the 1980s legislators and courts have responded in a variety of ways to the onset of the AIDS pandemic. Some responses have been sensitive to the needs of those with HIV, seeking to guarantee heightened levels of confidentiality or freedom from discrimination. Others have sought to use the law as a tool to limit the spread of HIV, for example by imposing liability for its transmission or restricting the freedoms of those who are HIV-positive. Elsewhere, doctors and researchers have grappled with the legal and ethical problems surrounding testing for a condition which many people may not want to be aware of, and with the conflicts which can arise between respect for individual autonomy and the promotion of public health. More recently, treatments for HIV have developed to the extent that for many HIV is a chronic disease rather than an inevitably fatal condition. Such treatments, however, pose new challenges: they are expensive and as such are not widely available in those parts of the globe where HIV infection is most widespread. This has caused tensions over issues such as asylum, immigration and deportation, and the protection of intellectual property rights which may bar such treatments from being available where the need is most acute. This book examines and evaluate these issues in comparative perspective. It draws on legal responses to other sexually transmitted infections (and contagious diseases) but concentrates on HIV and AIDS.