The Judicial Role in Criminal Proceedings

The Judicial Role in Criminal Proceedings

By: John Jackson (editor), Sean Doran (editor)Hardback

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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.

About Author

Sean Doran is Professor of Law at the Queen's University of Belfast. John Jackson is a Professor of Law and Dean of the Faculty of Law at the Queen's University of Belfast.


Part 1 Juding law and fact: the necessarily expanding role of the criminal trial judge, Sean Doran; comparative perspectives on the judicial rold, J.F. Nijboer; fact determination - common sense knowledge, judical notice and social science evidence, Marilyn T. MacCrimmon; the separation of questions of law and fact in the new Russian and Spanish jury verdicts, Stephen C. Thaman. Part II Protection of rights and prevention of unfairness: plea bargaining - ethics and politics, Mike McConville; attempting to ensure fairness in the glare of the media, Richard D. Friedman; the impact of human rights on judicial decision making in criminal cases, John D. Jackson; evidential rules for criminal trials - who should be in charge?, Alex Stein; victims ad the criminal process - a public service ethos for criminal justice?, Joanna Shapland; judges and gender, Christine Boyle. Part III Case management: co-operative justice and the adversarial criminal trial - lessons from the Woolf Report, Jenny McEwan; raising concerns about magistrates' clerks, Penny Derbyshire. Part IV Judges and judging in times of crisis: the Truth and Reconciliation Commission in South Africa, Albie Sachs; judicial roles and the criminal process during states of emergenct - a framwork for analysis, Tom Hadden; emergency cases - commissions, commissioners and the commodity of justice, Clive Walker. Part V: Sentencing: 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, Robert P. Mosteller; some reflections on the federal judicial role during the war on drugs, Jack B. Weinstein and Mac E. Quinn; the roles of legislature and judiciary in English sentencing, Andrew Ashworth; the judicial role in "balance" between two visions of justice in sentencing, Neil Huton and Cyrus Tata; judicial discretion and gender issues in sentencing, Marie Fox.

Product Details

  • ISBN13: 9781841130453
  • Format: Hardback
  • Number Of Pages: 352
  • ID: 9781841130453
  • weight: 690
  • ISBN10: 1841130451

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