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In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.
Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.
Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.
Some said that the killer couldn't be a local. Others claimed that he was the wealthy son of a prominent Morgantown family. Whispers spread that Mared and Karen were sacrificed by a satanic cult or had been victims of a madman poised to strike again. Then the handwritten letters began to arrive: "You will locate the bodies of the girls covered over with brush--look carefully. The animals are now on the move." Investigators didn't find too few suspects--they had far too many. There was the campus janitor with a fur fetish, the "harmless" deliveryman who beat a woman nearly to death, the nursing home orderly with the bloody broomstick and the bouncer with the "girlish" laugh who threatened to cut off people's heads. Local authors Geoffrey C. Fuller and S. James McLaughlin tell the complete story of the murders for the first time.
Offender profiling has been developing slowly as a possible investigative tool since 1841 and the publication of Edgar Allen Poe's The Murder in the Rue Morgue. In this book, detective C. Auguste Dupin demonstrates the ability to follow the thought patterns of a companion while they stroll through Paris for 15 minutes without speaking a word. Today
The importance of ethics in criminal justice -- Ethics and the police -- Racial discrimination in the criminal justice system --Lawyers and ethics -- The purpose of criminal punishment -- Ethics in Corrections --The ethics of criminal justice policy making -- Ethics and the "war on terrorism" --Media ethics and criminal justice -- Duty and principle -- Considering the consequences --The importance of character -- Egoism, pleasure and indifference -- A sense of justice --Caring for others.