Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Banner

The Judicial Role in Criminal Proceedings

Editor(s): Sean Doran, John D Jackson
Media of The Judicial Role in Criminal Proceedings
See larger image
Published: 04-12-2000
Format: Hardback
Edition: 1st
Extent: 352
ISBN: 9781841130453
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £110.00
 

: UK Delivery 5-7 working days

Delivery & Returns

Tell others about this product

Loren Epson

About The Judicial Role in Criminal Proceedings

The role of the judge in criminal proceedings is a multifaceted one that is subject constantly to new demands and challenges. In recent times,for example, judges have been accorded greater responsibility for case management in advance of trial, adaptations to the rules of evidence have enhanced the scope for discretionary decision-making, while legislative developments in the sentencing field have forced a reevaluation of the judge's role in sentencing offenders. In the near future, the judicial role in this jurisdiction will take on a new dimension when the Human Rights Act is implemented. This collection of essays includes contributions on the above themes and beyond, including the issues of plea bargaining, judges in emergency situations, judges and media concerns, victims in the criminal process and magistrates' justice. The collection is comparative and international in scope and includes contributions from leading scholars in the United States, Europe and elsewhere.



Authors include Judge Jack B. Weinstein, Andrew Ashworth, Mike McConville, and Justice Albie Sachs.

Table Of Contents

PART I: JUDGING LAW AND FACT
1.The Necessarily Expanding Role of the Criminal Trial Judge

2.Comparative Perspectives on the Judicial Role

3.Fact Determination: Common Sense Knowledge, Judicial Notice and Social Science Evidence

4.The Separation of Questions of Law and Fact in the New Russian and Spanish Jury Verdicts

PART II: PROTECTION OF RIGHTS AND PREVENTION OF UNFAIRNESS
5.Plea Bargaining: Ethics and Politics

6.Attempting to Ensure Fairness in the Glare of the Media

7.The Impact of Human Rights on Judicial Decision Making in Criminal Cases

8.Evidential Rules for Criminal Trials: Who Should be in Charge?

9.Victims and the Criminal Process: A Public Service Ethos for Criminal Justice?

10.Judges and Gender

11.Co-operative Justice and the Adversarial Criminal Trial: Lessons from the Woolf Report

12.Raising Concerns about Magistrates' Clerks

PART IV: JUDGES AND JUDGING IN TIMES OF CRISIS
13.The Truth and Reconciliation Commission in South Africa

14.Judicial Roles and the Criminal Process During States of Emergency: A Framework for Analysis

15.Emergency Cases: Commissions, Commissioners and the Commodity of Justice

PART V: SENTENCING
16.The United States Perspective on the Judicial Role in Sentencing: A Story of Small Victories and a Call for Partial Solutions in a Difficult Environment

17.Some Reflections on the Federal Judicial Role During the War on Drugs

18.The Roles of Legislature and Judiciary in English Sentencing

19.The Judicial Role in the “Balance” between Two Visions of Justice in Sentencing

20.Judicial Discretion and Gender Issues in Sentencing

Reviews

“…essays cover a wide range of criminal justice topicsallows the richness and interconnections of the criminal process to emerge.This is a valuable collection for all that are interested in the Anglo-American criminal process and the evolving, dynamic and often controversial role of judges in that process.” –  Kent Roach, University of Toronto, Public Law

“This is a scholarly collection of thought provoking contributions to an ongoing debate in Britain and abroad. The calibre of the contributors to this book gives an indication of the weight of analysis presented here. It is another excellent addition to the already excellent Hart catalogue.” –  Graeme Broadbent, The Law Teacher

Bookmark and Share
Close