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Criminal practice demands of new advocates a daunting array of skills. They must be interviewers, investigators, counselors, researchers, scribes, planners, negotiators, ethicists, strategists, and courtroom protectors of truth, justice, and the oppressed. Mastering these many skills takes time, a luxury the system too rarely affords. Here between two covers is a wise and readable guide to all facets of a new advocate's role. More than a trial-practice manual, this handbook looks beneath a lawyer's public duties to the preparation and planning that lead to courtroom success. And it gives both prosecutors and defenders an insider's view of their counterparts' roles, lending insights that build both effectiveness and mutual respect.
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
This book provides the most comprehensive and authoritative book yet published on the subject of criminal investigation, a rapidly developing area within the police and other law enforcement agencies, and an important sub discipline within police studies. The subject is rarely out of the headlines, and there is widespread media interest in criminal investigation. Within the police rapid strides are being made in the direction of professionalizing the criminal investigation process, and it has been a particular focus as a means of improving police performance. A number of important reports have been published in the last few years, highlighting the importance of the criminal investigation process not only to the work of the police but to public confidence in this. Each of these reports has identified shortcomings in the way criminal investigations have been conducted, and has made recommendations for improvement . The Handbook of Criminal Investigation provides a rigorous and critical approach to not only the process of criminal investigation, but also the context in which this takes place, the theory underlying it, and the variety of factors which influence approaches to it. It will be an indispensable source of reference for anybody with an interest in, and needing to know about, criminal investigation. Contributors to the book are drawn from both practitioners in the field and academics.
Prof. Feltoe, drawing from his experience as a lecturer in law at the University of Zimbabwe brings together in a single compendium various aspects of procedural, evidential and substantive law that judges encounter when dealing with criminal proceedings in Zimbabwe. The book is organised into 12 sections: Functions and Responsibilities; Pre-Trial Matters; Trial; Common Problems of Evidence; Criminal Law Code; Judgement Process; Sentencing; Judicial Officers' Duties in Regard to Undefended Accused; Record of Proceedings; Appeals; Automatic Review and Scrutiny; Miscellaneous Matters.
Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.