The Judicial Role in Criminal Proceedings

The Judicial Role in Criminal Proceedings


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Product Details

ISBN-13: 9781841130453
Publisher: Hart Publishing
Publication date: 11/28/2000
Pages: 512
Product dimensions: 6.50(w) x 9.47(h) x 1.32(d)

About the Author

Sean Doran is Professor of Law at the Queen's University of Belfast.
John Jackson is Professor of Comparative Criminal Law and Procedure, Faculty of Social Sciences, School of Law, University of Nottingham. He is the author of a number of books on evidence and criminal procedure including Northern Ireland Supplement to Cross on Evidence (1983), Called to Court: A Public View of Criminal Justice in Northern Ireland (1991) (with R Kilpatrick and C Harvey), Judge without Jury: Diplock Trials in the Adversary System (1995) (with Sean Doran), The Judicial Role in Criminal Proceedings (2000) (with Sean Doran), Standards for Prosecutors: An Analysis of the United Kingdom National Prosecuting Agencies (2006) (with Barry Hancock), Crime, Procedure and Evidence in a Comparative and International Context (2008)(with P. Tillers and M. Langer) and Standards for Prosecutors: An Analysis of the National Prosecuting Agencies in Ireland, New South Wales (Australia), The Netherlands and Denmark (2009)(with Barry Hancock).

Table of Contents

Notes on Contributorsvii
Editors' Introductionxxi
Part IJudging Law and Fact
1.The Necessarily Expanding Role of the Criminal Trial Judge3
2.Comparative Perspectives on the Judicial Role19
3.Fact Determination: Common Sense Knowledge, Judicial Notice and Social Science Evidence31
4.The Separation of Questions of Law and Fact in the New Russian and Spanish Jury Verdicts51
Part IIProtection of Rights and Prevention of Unfairness
5.Plea Bargaining: Ethics and Politics67
6.Attempting to Ensure Fairness in the Glare of the Media93
7.The Impact of Human Rights on Judicial Decision Making in Criminal Cases109
8.Evidential Rules for Criminal Trials: Who Should be in Charge?127
9.Victims and the Criminal Process: A Public Service Ethos for Criminal Justice?145
10.Judges and Gender159
Part IIICase Management
11.Co-operative Justice and the Adversarial Criminal Trial: Lessons from the Woolf Report171
12.Raising Concerns about Magistrates' Clerks183
Part IVJudges and Judging in Times of Crisis
13.The Truth and Reconciliation Commission in South Africa197
14.Judicial Roles and the Criminal Process During States of Emergency: A Framework for Analysis205
15.Emergency Cases: Commissions, Commissioners and the Commodity of Justice223
Part VSentencing
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 Environment247
17.Some Reflections on the Federal Judicial Role During the War on Drugs269
18.The Roles of Legislature and Judiciary in English Sentencing291
19.The Judicial Role in the "Balance" between Two Visions of Justice in Sentencing307
20.Judicial Discretion and Gender Issues in Sentencing323

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