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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.
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.
Criminal procedure in the common law world is being recast in the
image of human rights. The cumulative impact of human rights laws,
both international and domestic, presages a revolution in common
law procedural traditions. Comprising 16 essays plus the editors'
thematic introduction, this volume explores various aspects of the
'human rights revolution' in criminal evidence and procedure in
Australia, Canada, England and Wales, Hong Kong, Malaysia, New
Zealand, Northern Ireland, the Republic of Ireland, Singapore,
Scotland, South Africa and the USA. The contributors provide expert
evaluations of their own domestic law and practice with frequent
reference to comparative experiences in other jurisdictions. Some
essays focus on specific topics, such as evidence obtained by
torture, the presumption of innocence, hearsay, the privilege
against self-incrimination, and 'rape shield' laws. Others seek to
draw more general lessons about the context of law reform, the
epistemic demands of the right to a fair trial, the domestic impact
of supra-national legal standards (especially the ECHR), and the
scope for reimagining common law procedures through the medium of
human rights. This edited collection showcases the latest
theoretically informed, methodologically astute and doctrinally
rigorous scholarship in criminal procedure and evidence, human
rights and comparative law, and will be a major addition to the
literature in all of these fields.
Criminal procedure in the common law world is being recast in the
image of human rights. The cumulative impact of human rights laws,
both international and domestic, presages a revolution in common
law procedural traditions. Comprising 16 essays plus the editors'
thematic introduction, this volume explores various aspects of the
'human rights revolution' in criminal evidence and procedure in
Australia, Canada, England and Wales, Hong Kong, Malaysia, New
Zealand, Northern Ireland, the Republic of Ireland, Singapore,
Scotland, South Africa and the USA. The contributors provide expert
evaluations of their own domestic law and practice with frequent
reference to comparative experiences in other jurisdictions. Some
essays focus on specific topics, such as evidence obtained by
torture, the presumption of innocence, hearsay, the privilege
against self-incrimination, and 'rape shield' laws. Others seek to
draw more general lessons about the context of law reform, the
epistemic demands of the right to a fair trial, the domestic impact
of supra-national legal standards (especially the ECHR), and the
scope for reimagining common law procedures through the medium of
human rights. This edited collection showcases the latest
theoretically informed, methodologically astute and doctrinally
rigorous scholarship in criminal procedure and evidence, human
rights and comparative law, and will be a major addition to the
literature in all of these fields.
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