The Integrity of Criminal Process

From Theory into Practice
1. Auflage 2016
ISBN: 978-1-84946-594-6
Verlag: Hart Publishing

Buch, Englisch, 448 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 907 g

Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

Autoren/Hrsg.

Hunter, Jill

Roberts, Paul

Young, Simon N M

Dixon, David

Fachgebiete

• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Introduction: Re-examining Criminal Process Through the Lens of Integrity

Paul Roberts, Jill Hunter, Simon NM Young and David Dixon
1. A Public Law Conception of Integrity in the Criminal Process

Simon NM Young
2. Searching for Integrity in Domestic Violence Policing

Julie Stubbs
3. Integrity, Interrogation and Criminal Injustice

David Dixon
4. Factory Farming and State-Induced Pleas

Mike McConville and Luke Marsh
5. Negotiating Justice with Integrity in New South Wales

Nicholas Cowdery AM KC
6. The Integrity of Charging Decisions

Jeremy Gans
7. Prosecutors Interviewing Witnesses: A Question of Integrity

Paul Roberts
8. Integrity, Immunity and Accomplice Witness Testimony
Michael I Jackson
9. Expert Evidence and the Responsibilities of Prosecutors

Gary Edmond
10. Stays of Prosecution and Remedial Integrity

Amanda Whitfort
11. Excluding Integrity? Revisiting Non-Consequentialist Justifications for Excluding Improperly Obtained Evidence in Criminal Trials

Peter Chau
12. Unbecoming Jurors and Unreasoned Verdicts: Realising Integrity in the Jury Room

John Jackson
13. Remorse and Demeanour in the Courtroom: Cognitive Science and the Evaluation of Contrition

Susan A Bandes
14. Rape Law, Past Wrongs and Legal Fictions: Telling Law's Story with Integrity

Jill Hunter
15. Against Innocence

Charles D Weisselberg
16. Compensating Injustice: The Perils of the Innocence Discourse

Carolyn Hoyle

Über Autor(innen)

Dixon, David
David Dixon is Professor of Law and Dean of the Faculty of Law, University of New South Wales.

Hunter, Jill
Jill Hunter is Professor of Law, University of New South Wales.

Young, Simon N M
Simon N M Young is Professor and Associate Dean (Research) in the Faculty of Law at the University of Hong Kong. He is a practising barrister at Parkside Chambers and Co-Editor-in-Chief of the Asia-Pacific Journal on Human Rights and the Law.

Roberts, Paul
Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham, UK; and Adjunct Professor of Law, University of New South Wales & CUPL, China.

Jill Hunter is Professor of Law, University of New South Wales.

Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham; and Adjunct Professor of Law, University of New South Wales & CUPL, Beijing.

Simon N M Young is Professor of Law, University of Hong Kong.

David Dixon is Professor of Law and Dean of the Faculty of Law, University of New South Wales.