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The metamorphosis of criminal justice : a comparative account
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ISBN: 0190096640 0190096632 Year: 2020 Publisher: New York, New York : Oxford University Press,

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The focus of this book is the potentially radical and fundamental changes that are taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European, or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, the book then discusses how the roles of prosecution and defense have been reshaped in different ways in both jurisdictions - both in the text of the law and in their practices.

French criminal justice : a comparative account of the investigation and prosecution of crime in France
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ISBN: 1841134295 Year: 2005 Publisher: Oxford : Hart,

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French criminal justice: a comparative account of the investigation and prosecution of crime in France
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ISBN: 9781841134291 Year: 2005 Publisher: Oxford Hart

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French criminal justice : a comparative account of the investigation and prosecution of crime in France
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ISBN: 1472559762 1280808101 9786610808106 1847310699 Year: 2005 Publisher: Oxford Portland, Oregon Hart Publishing

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Basing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority. An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways. This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies


Book
The metamorphosis of criminal justice : a comparative account
Author:
ISBN: 9780190096649 9780199981427 Year: 2020 Publisher: New York, New York : Oxford University Press

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Abstract

The focus of this book is the potentially radical and fundamental changes that are taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European, or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, the book then discusses how the roles of prosecution and defense have been reshaped in different ways in both jurisdictions—both in the text of the law and in their practices. The final part considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and, in particular, the role of the defense in these procedures. By adopting a comparative approach with France, the study explores the nature and reach of these trends, the ways that they challenge and disrupt criminal processes and values, and the contrasting responses that they provoke. It reveals how criminal justice traditions continue to be shaped in different ways by broader policy and political concerns; how different systems adapt, change, and distort when faced with (sometimes conflicting) pressures domestically and externally; and how different procedural values may serve to structure or limit reform, and so work to facilitate or resist change.


Book
Suspects in Europe : Peocedural Rights at the Investigative Stage of the Criminal Process in the European Union
Authors: ---
ISBN: 9789050956277 9050956270 Year: 2007 Volume: 64 Publisher: Intersentia

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Criminal law. Criminal procedure --- European Union --- Due process of law --- Criminal investigation --- Pre-trial procedure --- Preliminary examinations (Criminal procedure) --- Police questioning --- Right to counsel --- Enquêtes criminelles --- Procédure antérieure au procès --- Instruction préparatoire --- Interrogatoire policier --- Droit à un défenseur --- Comparative studies --- Etudes comparatives --- BPB0706 --- #KVHA:Gerechtstolken --- 343.14 --- Strafrechtelijk bewijs. Bewijsvoering in strafzaken. Ondervraging van verdachte. Bekentenis. Eed. Getuigenverklaring. Expertise --- 343.14 Strafrechtelijk bewijs. Bewijsvoering in strafzaken. Ondervraging van verdachte. Bekentenis. Eed. Getuigenverklaring. Expertise --- Enquêtes criminelles --- Procédure antérieure au procès --- Instruction préparatoire --- Droit à un défenseur --- Examinations before trial --- Interrogatories (Criminal procedure) --- Pre-trial hearings --- Preliminary hearings (Criminal procedure) --- Criminal procedure --- Crime detection --- Crime investigation --- Criminal investigations --- Investigations --- Law enforcement --- Crime scenes --- Detectives --- Forensic sciences --- Union européenne --- Law and legislation --- Poland --- Belgium --- Great Britain --- Germany --- Greece --- Italy --- Netherlands --- European Union countries --- Case studies --- Comparative studies. --- Detection of crime --- Suspects (Criminal investigation) --- Informers --- Preliminary examinations (Criminal procedure) - Europe --- Criminal investigation - Europe --- Due process of law - Europe --- Droits de la defence --- Instruction preparatoire --- Police judiciaire --- Procedure penale comparee --- Droit pénal (droit européen)


Book
Discretionary criminal justice in a comparative context
Authors: ---
ISBN: 9781611637731 Year: 2015 Publisher: Durham, North Carolina : Carolina Academic Press,


Book
Access to justice and legal aid : comparative perspectives on unmet legal need
Authors: ---
ISBN: 150990087X 1509900861 1509900853 9781509900862 9781509900879 9781509900855 9781509900848 1509900845 Year: 2017 Publisher: Oxford [UK] ; Portland, Oregon : Hart Publishing,

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This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid


Book
Criminal injustice : An evaluation of the criminal justice process in Britain
Authors: ---
ISBN: 0333778839 Year: 2000 Publisher: London Macmillan Press


Book
Inside police custody : an empirical account of suspects' rights in four jurisdictions
Authors: --- --- --- ---
ISBN: 9781780681573 Year: 2014 Volume: 113 Publisher: Cambridge : Intersentia,

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