Criminal Justice / Edition 4

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Overview

This book offers a clear explanation and critical analysis of the criminal justice system. It covers the major stages of an investigation, plus pre-trial, trial, and appeal processes.

The authors discuss the principles and theories underlying criminal justice, and propose their own 'freedom model' to help you understand and improve the system. The controversial issues tackled in the book include: the use and abuse of discretion by the police, prosecution policies and practices that favour the rich over the poor, the under-funded and variable quality of criminal defence, the value and limitations of 'human rights', the factors behind (and problems in over-turning) miscarriages of justice, and how best to serve the interests of victims. Whilst no criminal justice system can ever be perfect, the authors give their own thoughts on what is wrong and how it can be improved, and encourage you to form your own views.

The fourth edition has been thoroughly revised to take into account new case law, recent legislative and policy developments, new academic research, and reports by inspectors and other government agencies.

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Product Details

  • ISBN-13: 9780199541317
  • Publisher: Oxford University Press, USA
  • Publication date: 9/10/2010
  • Edition number: 4
  • Pages: 720
  • Product dimensions: 6.70 (w) x 9.60 (h) x 1.60 (d)

Meet the Author

Andrew Sanders is Professor of Criminal Law and Criminology at the University of Manchester. Richard Young is Professor of Law and Policy Research at the University of Bristol. Mandy Burton is Lecturer in Law at the University of Leicester.

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Table of Contents

Preface xi

Table of Cases xv

Table of Statutes xxv

1 The aims and values of 'criminal justice' 1

1.1 The nature and structure of 'criminal 'justice 1

1.2 Guilt and innocence 9

1.3 Adversarial and inquisitorial theories of criminal justice 13

1.4 Recent trends in criminal justice and crime 17

1.5 Crime control and due process 21

1.6 The fundamental (human) rights approach 28

1.7 Managerialism and the rise of actuarial justice 38

1.8 Victims 42

1.9 An alternative framework: the enhancement of freedom 47

1.10 Conclusion 57

2 Stop and Search 60

2.1 Introduction 60

2.2 The Power to stop-search 72

2.3 Is stop and search racially discriminatory? 97

2.4 Constraints and controls on the exercise of discretion 100

2.5 The impact of stop-search powers 113

2.6 Conclusion 126

l3 Arrest 129

3.1 Introduction: what is an arrest? 129

3.2 Arrest and the purposes of criminal justice 132

3.3 The legal basis for arrest 140

3.4 Arrest discretion and reasonable suspicion 155

3.5 Remedies for wrongful arrest 186

3.6 Conclusion 191

Chapter 4 Detention in the police station 195

4.1 Introduction 196

4.2 the Powers and duties of the custody officer 197

4.3 Detention without charge 207

4.4 Deaths in custody 223

4.5 The right to legal advice 228

4.6 Remedies 249

4.7 Conclusion 251

5 Police questioning of suspects 255

5.1 Questioning: the drift from due process to crime control 255

5.2 Why do the police value interrogation? 257

5.3 The right of silence 260

5.4 Regulating police questioning 272

5.5 'We have ways of making you talk' 287

5.6 Confessions 312

5.7 Conclusion 319

6 Non-interrogatory evidence 323

6.1 Introduction 323

6.2 'Information received': the use of informers 325

6.3 Convert policing 334

6.4 Witness and identification evidence 343

6.5 Entry, search and seizure 350

6.6 Scientific evidence 360

6.7 Conclusion 367

7 Prosecutions 370

7.1 Introduction 370

7.2 Discretion 372

7.3 Evidential sufficiency: police and CPS 376

7.4 The public interest, the police and the CPS 394

7.5 Non police-prosecution agencies 410

7.6 Prosecution accountability 423

7.7 Conclusion 434

8 The mass production of guilty pleas 438

8.1 Introduction 438

8.2 The sentence discount principle 440

8.3 Sentencing powers and jurisdictional presssures 460

8.4 Charge bargaining 463

8.5 The prospect of conviction 481

8.6 Fact bargains and multiple discounts 485

8.7 Do the innocent plead guilty? (Is the Pope a Catholic?) 486

8.8 Should plea bargaining be abolished? 489

8.9 Conclusion 496

9 Summary justice in the magistrates' court 499

9.1 Introduction 499

9.2 Legal aid and legal representation 503

9.3 Justices' clerks and legal advisers: liberal bureaucrats? 514

9.4 Bail or jail 518

9.5 The quality and fairness of summary justice 536

9.6 Specialist magistrates 550

9.7 Conclusion 551

10 Trial by judge and jury 553

10.1 Directed and ordered acquittals - weak cases? 555

10.2 The composition of the jury 559

10.3 The verdict of the jury 569

10.4 Trial: procedure, evidence and law 579

10.5 Evaluating the jury's performance 593

10.6 Narrowing the jury's domain 602

10.7 Conclusion 606

11 Appeals against conviction 609

11.1 What values should underpin appellate procedures? 609

11.2 Appeals from the magistrates' courts 613

11.3 Appeals from the Crown Court to the Court of Appeal 621

11.4 Post-appeal review: The Criminal Cases Review Commission 642

11.5 Conclusion 658

12 Remedying police malpractice 663

12.1 Introduction 663

12.2 Prosecutions 665

12.3 Civil actions 672

12.4 Complaints against the police 679

12.5 Trial remedies 700

12.6 Malpractice: individual fault or the system at work? 712

12.7 Conclusion 716

13 Victims, the accused and the future of criminal justice 719

13.1 Introduction 719

13.2 Taking suspects' rights seriously 720

13.3 Taking victims' rights seriously 725

13.4 Rhetoric and reality: managing the gap 741

Bibliography 747

Index 803

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