European Criminal Procedures

European Criminal Procedures
Author: Mireille Delmas-Marty
Publisher: Cambridge University Press
Total Pages: 840
Release: 2002-10-17
Genre: Law
ISBN: 9780521591102

Revised by Elena Ricci

The Criminal Process and Human Rights

The Criminal Process and Human Rights
Author: Mark A. Summers
Publisher: BRILL
Total Pages: 221
Release: 2023-11-27
Genre: Law
ISBN: 9004632441

The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Université de Paris I - Panthéon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)

The Prosecutor in Transnational Perspective

The Prosecutor in Transnational Perspective
Author: Erik Luna
Publisher:
Total Pages: 490
Release: 2012-09-27
Genre: Law
ISBN: 0199844801

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.

Code annoté de la Cour pénale internationale, 2008

Code annoté de la Cour pénale internationale, 2008
Author: Cyril Laucci
Publisher: Martinus Nijhoff Publishers
Total Pages: 868
Release: 2012-04-27
Genre: Law
ISBN: 9004189955

Le Code annoté de la Cour pénale internationale (2008) est le troisième volume d'une collection annuelle. Il propose une sélection des extraits les plus pertinents résultant de l'analyse de 472 décisions délivrées ou rendues publiques par la Cour en 2008.

Counterterrorism and Investigative Detention

Counterterrorism and Investigative Detention
Author: Stigall, Dan E.
Publisher: Edward Elgar Publishing
Total Pages: 272
Release: 2021-09-10
Genre: Law
ISBN: 1800887183

Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations
Author: Juan Carlos Ochoa S.
Publisher: Martinus Nijhoff Publishers
Total Pages: 333
Release: 2013-02-05
Genre: Law
ISBN: 9004212167

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.

The Prosecutor

The Prosecutor
Author: Brian A. Grosman
Publisher: University of Toronto Press
Total Pages: 213
Release: 1978-12-15
Genre: Law
ISBN: 1487597959

Every day decisions made by prosecutors, before trial takes place, critically affect the rights of citizens; yet these decisions remain a grey area in the administration of criminal justice. In fact, there are considerable and important differences between what the prosecutor does and what the legal literature and judicial decisions say he should do. Very little is known about the powers wielded by prosecutors and the factors which influence their exercise of discretion. This inquiry focuses on the decision-making role of the prosecutor in pre-trial determinations. Professor Grosman describes and analyses the prosecutor's informal relations with the police and defence lawyers, and the significance these relationships have for the accused and for the fair administration of justice. Other areas examined include the decision to begin prosecution, the negotiated guilty plea, and the prosecutor's administrative bias. The study concludes with recommendations for judicial and legislative reform. Professor Grosman has added a preface to this edition outlining the changes that have occurred in recent years. A lucid and revealing description of the prosecutor's attitudes to criminal prosecution and its operation, this study contributes important insights valuable to lawyers and all those concerned with the administration of justice, and will be of interest to everyone concerned with social problems.

Improperly Obtained Evidence in Anglo-American and Continental Law

Improperly Obtained Evidence in Anglo-American and Continental Law
Author: Dimitrios Giannoulopoulos
Publisher: Bloomsbury Publishing
Total Pages: 366
Release: 2019-02-21
Genre: Law
ISBN: 150992325X

This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.