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Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems (Hardcover, Unabridged edition)
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Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems (Hardcover, Unabridged edition)
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Pre-trial detention refers to the period when a person, after being
arrested, is detained so as to determine the nature of the offences
and the characterization of the charges. This notion is part and
parcel of the legal proceedings of a criminal investigation and
aims at striking a fragile balance between protecting the State and
respecting individual freedoms. Lots of examples can be quoted to
illustrate the various pre-trial detention modalities in common law
and civil law traditions, including the duration of custody;
custody rights; right to silence; right to the presence of a
lawyer; modalities and control of pre-trial detention; and
procedures in case of wrongful detention.This book makes an
important contribution to the newly-researched topic of pre-trial
detention from a theoretical and empirical point of view. Papers
alternatively consider various issues: they analyse the
philosophical principles and policies underlying pre-trial
detention and look at the different forms it takes according to
several countries; on a more technical and pragmatic level, they
raise the question of the use of an appropriate terminology and the
problem of translation that may arise from the differences between
the studied legal systems. Finally, they consider the checks and
balances mechanisms put in place to limit the negative effects of
the measures restricting liberty.This volume contains a selection
of contributions by academics specialized in law and comparative
criminal procedure, political science, history, sociology,
linguistics, and legal translation, and offers a comparative
analysis of countries with differing legal traditions.
General
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