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The Judicial Role in Criminal Proceedings
The Judicial Role in Criminal Proceedings
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Description
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
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
Product details
| Published | Nov 04 2000 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 352 |
| ISBN | 9781841130453 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Publisher | Bloomsbury Publishing |
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