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Chapter

Chapter 2 sketched a normative model of the criminal process in which the pursuit of a particular end—retributive justice—was constituted and constrained by respect for rights and other values. This chapter examines one way in which the demands of this rather abstract model can be put into practice: through the consideration of ethics. It begins with a brief discussion of the idea of ethical conduct. It then outlines some unethical practices, and is followed by attempts to examine and reconstruct some possible justifications for such practices. Next, it looks at the problems of displacing the occupational cultures and other influences which may lead to resistance against change. It goes on to discuss formal accountability systems and concludes with a consideration of the prospects for bringing about changes in the conduct of practitioners within the system.

Chapter

This chapter, which examines the role of psychology in the criminal justice process, begins with a historical context before charting the development of some applications of psychology to criminal justice. It then discusses the application of psychology to all stages of the criminal justice process: pre-trial, trial, and post-trial. The chapter considers how psychology has influenced the law and its application, and the role psychologists play in criminal justice settings. It also highlights ways in which the law impacts upon psychological practice using examples of limitations to culpability, diversionary schemes, and the diagnosis of Dangerous and Severe Personality Disorder.

Chapter

This chapter examines the role of science in the criminal justice process, focusing on DNA profiling evidence, both as an important topic in its own right and as a case study illuminating broader issues. It considers the potent combination of scientific innovation and public policy making in the development of new forms of legally admissible evidence. The chapter explores some general, and fundamental, aspects of the logic of forensic proof in criminal trials.

Chapter

This chapter discusses the process of criminal law. The focus is on the importance of the exercise of official discretion, on the criminal law in action, and on the role of bureaucracy in criminal law. There is also an outline of sentencing powers. Patterns of decision-making by criminal justice officials are one of four key pillars of criminal law and justice, along with criminal law principles, rules, and standards. We will see how these patterns are structured by crime management and bureaucratic-administrative techniques designed to reduce the number of contested trials and issues, and hence take pressure off the criminal justice system as a whole.

Chapter

This chapter focuses on the decisions taken by the gatekeepers of the criminal process. It first outlines the role of the police, followed by a comparison with the approach of regulatory bodies as agencies that select for official action certain types of person or situation—a selection that may lead either to prosecution and trial or to a form of diversion. The chapter then considers the range of formal responses to those who are believed to be offenders, including police cautions and other out-of-court disposals. It examines the problematic dimensions of diversion, before examining accountability and the values behind some of the differing policies.

Chapter

This chapter focuses on the magistrates’ courts. It discusses the importance of the magistracy and the work that they do; the involvement (and funding) of lawyers in summary justice; major pre-trial decisions such as bail and whether a case can be dealt with in the magistrates’ court or is so serious that it needs to be sent to the Crown court (mode of trial/allocation); how magistrates and their legal advisors measure up to the crime control/due process models of criminal justice; and the future of summary justice (including the impact of managerialist and ‘victim rights’ reforms and trends that encourage dealing with much lower court business away from the courtroom itself).

Chapter

This chapter focuses on the magistrates' courts. It discusses the importance of the magistracy; the involvement (and funding) of lawyers in summary justice; significant pre-trial decisions (including bail and mode of trial); how magistrates and their advisers measure up to the crime control/due process models of criminal justice; and the future of summary justice (including the impact of managerialist and ‘victim rights’ reforms).

Chapter

This chapter examines the relationship between legal and criminological constructions of crime and explores how these have changed over time. The chapter sets out the conceptual framework of criminalization within which the two dominant constructions of crime—legal and criminological—are situated. It considers their respective contributions and the close relationship between criminal law and criminal justice. Using the framework of criminalization, the chapter considers the historical contingency of crime by examining its development over the past 300 hundred years. It analyses the normative building blocks of contemporary criminal law to explain how crime is constructed in England and Wales today and it explores some of the most important recent developments in formal criminalization in England and Wales, not least the shifting boundaries and striking expansion of criminal liability. Finally, it considers the valuable contributions made by criminology to understanding the scope of, and limits on, criminalization.

Chapter

This chapter examines the appeals system, the most important purpose of which from the legal system’s point of view is the development and clarification of the law. Reviewing the law in this way allows the higher courts to exert some control over the lower courts and adds much to an understanding of the forces shaping the appeals system. From the point of view of litigants, appeals offer a chance to challenge a result they are unhappy with. The chapter discusses restrictions on appeal rights; challenging jury verdicts; due process appeals; post-appeal review of convictions by the Criminal Cases Review Commission; miscarriages of justice, prosecution appeals; and double jeopardy and retrials.

Chapter

This chapter focuses on the criminal trial itself which is the focal point of criminal procedure. The rules governing trials therefore shape the decisions made by the police and prosecutors. The trial remains important because defendants’ decisions on whether or not to plead guilty are often informed by what they believe to be the probability of conviction. The chapter considers the courtroom processes and raises questions about the roles of judge and jury. The chapter also discusses the modes of trial; the Crown Court trial; and confrontation and the protection of witnesses all of which are closely connected to issues of procedural fairness.

Chapter

This chapter reflects upon the values that appear to dominate the English criminal process, the values that ought to dominate it, and how change might be brought about, in the context of austerity and diminishing resource allocation for both economic and ideological reasons. Specifically, it considers the avoidance of criminal trials, as well as the principled approach to criminal justice. The purpose of the criminal process is to bring about accurate determinations through fair procedures. The approach therefore emphasizes various rights and principles that ought to be safeguarded. The chapter then covers discrimination and non-discrimination, as well as promoting the principled approach.

Book

Steve Wilson, Helen Rutherford, Tony Storey, Natalie Wortley, and Birju Kotecha

English Legal System gives an understanding of the operation of the law and the legal system which is essential to the laying of a solid foundation upon which to build further legal studies. After offering practical advice on how to study the English legal system, an overview is given of the nature of law, the sources of law, how the English legal system operates, the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted are discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The rule coming from a case, the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU) and being a signatory to the European Convention on Human Rights (ECHR). The institutions and personnel of the law, such as juries, judges, and lawyers are covered. The criminal process, from arrest to trial to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution, e.g. mediation and arbitration, are also considered.

Chapter

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter explains the definition of crime and how it is differently interpreted. The discussions cover the judicial process; formal sources of criminal law; enforcement of criminal laws; the criminal; terminology and classification (felonies and misdemeanours, arrestable and non-arrestable offences, and indictable and summary offences); appeals; limits of prosecution; evidence; and punishment.

Chapter

Terry Thomas

This chapter examines the nature of sexual offending and the forms it takes, as well as the enhanced social response being made. The discussions cover forms of sexual offending; criminal processes; civil measures for public protection; public access to the sex offender register; and mental health and sexual offending.

Chapter

This chapter examines the law and practice on plea negotiation. After looking at the percentage of defendants who plead guilty, it then considers some of the principal reasons for changes of plea, looking at charge bargains (where the defendant agrees to plead guilty in exchange for the prosecution reducing the level of the charge or the number of charges); at fact bargains (where the defendant agrees to plead guilty only on the basis that the prosecution will put forward a particular version of the facts); and at plea negotiation (where the change of plea is motivated by considerations of sentence). The tendencies evident in the English system are then evaluated in the light of defendants’ rights and the supposed advantages to the public.

Book

Liz Campbell, Andrew Ashworth, and Mike Redmayne

The Criminal Process continues to provides a reflective, contextualized consideration of doctrinal, practical, and normative issues in criminal processes and procedures. The text draws on arguments from the law, research, policy, and principle, to present an overview of this area of study. It focuses on England and Wales, with occasional comparative references. The book includes new coverage of contemporary issues, such as the disclosure of evidence in criminal trials and the treatment of victims, and on diversity and discrimination within the criminal justice process. Further reading suggestions and discussion questions are included at the end of each chapter.

Chapter

This chapter outlines the origins and functions of the Crown Prosecution Service (CPS), before moving on to discuss several aspects of the prosecutorial function in the criminal process, in the belief that the decision to prosecute someone in itself is a form of imposition by the state that requires justification. The principle of equality of treatment is discussed throughout the chapter, not least in relation to the differences of approach taken by different prosecuting agencies. The chapter evaluates some of the practices of the CPS and examines empirical evidence of its performance of various tasks. It notes that, as with other large organizations, formulating principles and guidance satisfactorily is not sufficient to ensure that implementation in practice. The role of the CPS in refining and defining the criminal law is examined as well as the role of the victim, review and oversight of prosecution decisions and policies and prosecutorial ethics.

Chapter

This chapter examines the questioning stage of the criminal process, looking at the role and powers of the police. It covers the context of questioning and interviewing of suspects, interviewing victims, and confessions in court. It argues that confessions remain a suspect type of evidence despite the fact that the police questioning process is well regulated. Police detention will always be stressful, and innocent suspects will always have some incentives for confessing. This is why there is a case to be made for the corroboration of confessions. It is also crucial that the gains made since the Police and Criminal Evidence Act 1984 (PACE) are not undermined by government initiatives to cut costs by reducing the amount and quality of legal advice available to suspects.

Chapter

This chapter examines a notable feature of the English legal system that has waxed and waned over the last decades—civil preventive orders. These are orders that may be made by a court sitting as a civil court; orders that contain prohibitions created by the court as a response to conduct by the defendant; and orders the breach of which amounts to a criminal offence. Thus, civil preventive order involves a kind of hybrid or two-step process (first, the making of the order according to civil procedure and, secondly, criminal proceedings in the event of breach), which has several implications for the criminal process and for the rights of defendants. More recently their form has been altered and their use moderated.

Chapter

Angus Nurse

This chapter assesses victimology, which has become an important sub-discipline within criminology. Victimology includes the study of victimisation as well as the challenges of legal and institutional definitions of the ‘victim’. Discussions include debates concerning victims’ rights and activism and how victimhood has come to be understood and responded to. The chapter then considers both narrow and wider ideas of victimisation, and examines whether and how criminal justice processes and public policy have developed in response to victims’ needs. While victims are really the people who the criminal investigation and trial are meant to serve, they are often not part of the process. The chapter also looks at a key part of victimology, which is the use of statistical evidence on the levels of victimisation.