974 resultados para Criminal procedure


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This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice

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This work is a clear and concise study of the principles underlying criminal procedure in Victoria and the Commonwealth jurisdictions. The book provides succinct extracts of leading cases and critiques the law. this content informs readers of the current law and how it can be reformed to deal more appropriately with the complexities and challenges of this area. The text includes a discussion of the recent reforms in Victoria.This book is for all readers with an interest in criminal procedure, including judicial officers,lawyers and students.

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Mode of access: Internet.

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"The general rules of practice and procedure are treated in volumes I and II, while volume III is devoted wholly to procedure and evidence in various common law crimes."--Pref, to 2d ed.

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v. 1. General and elementary, complete in itself -- v. 2. Specific offences and their incidents

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Excerpt: Jewish Theological Seminary of America, Students' annual. v. 1, 1914.

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Criminal Justice in New Zealand is the first comprehensive account of the New Zealand approach to criminal justice issues to be published in this country, and it discusses the complex range of interconnected procedures involved in the system. New Zealand readers will enjoy the access to analysis and insight into the justice outcomes, procedures and how the inter-weavings affect different constituents. Highlights include statistical analysis, youth justice, the dealings and impact of media on criminal justice. The book emphasises the lack of coherent philosophy connecting the many stakeholders and describes the operation of its founding theories and procedures, including the trial process, criminal procedure, policing, sentencing and provision for victims. Tolmie and Brookbanks have excelled in their editing of this wide-ranging content, and have created an excellent resource. This book will become required reading for law students, policy analysts, sociologists, Judges and police. The book provides an account of a complex range of interconnected constituencies and procedures that together constitute the New Zealand criminal justice system.

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This article examines the contribution which the European Court of Human Rights has made to the development of common evidentiary processes across the common law and civil law systems of criminal procedure in Europe. It is argued that the continuing use of terms such as 'adversarial' and 'inquisitorial' to describe models of criminal proof and procedure has obscured the genuinely transformative nature of the Court's jurisprudence. It is shown that over a number of years the Court has been steadily developing a new model of proof that is better characterised as 'participatory' than as 'adversarial' or 'inquisitorial'. Instead of leading towards a convergence of existing 'adversarial' and 'inquisitorial' models of proof, this is more likely to lead towards a realignment of existing processes of proof which nonetheless allows plenty of scope for diverse application in different institutional and cultural settings.

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An indispensable resource for anyone who needs a sound understanding of the criminal law of Victoria. Butterworths Annotated Criminal Legislation Victoria is an indispensable resource for students, practitioners and others who need a sound understanding of the criminal law of Victoria. This book has an established reputation as an essential reference source. The Acts are annotated by Gerard Nash QC and Professor Mirko Bagaric of the School of Law, Deakin University. This book has been extracted from the four volume looseleaf service Bourke's Criminal Law Victoria. Important Features: mid Extensive new annotations discussing recent case law relating to various provisions of the Crimes Act 1958. mid A quick reference directory and grey shaded tabs provide ease of navigation. Related Titles: mid Arenson & Bagaric, Criminal Procedure: Victoria and Commonwealth, 2009. mid Clough & Mulhern, Butterworths Tutorial Series - Criminal Law, 2nd ed, 2004. mid Rush & Yeo, Criminal Law Sourcebook, 2nd ed, 2005. mid Spears & Hickie, Butterworths Questions & Answers - Criminal Law for Common Law States, 2009. mid Waller & Williams, Criminal Law: Text and Cases, 11th ed, 2009.

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From the Introduction. In the academic year 1991-1992, Utrecht University, on my initiative, started to offer courses in European criminal law. This initiative came at a symbolic moment, just prior to the entry into force of the EU Treaty of Maastricht1 and the outlining of European policy in the areas of Justice and Home Affairs (JHA). The Director of the Legal Department, Paul DEMARET, was aware of the significance of this development and I have been given the opportunity to teach this subject at the College of Europe since 1995. Since then, JHA has evolved into one of the main areas of EU legislation. Now we are again on the threshold of an important historical feat. In June 2003, the European Convention reached agreement concerning a draft Treaty establishing a Constitution for Europe.2 The use of the term “Constitution” for the future EU Treaty is not simply cosmetic. The realisation has dawned that EU integration must be embedded in a treaty document which also regulates the rights and duties of citizens, not just with respect to European citizenship, but also with respect to, for example, Justice. Where JHA is concerned, this result acknowledges that the harmonisation of criminal law and criminal procedure and transnational cooperation cannot preclude the harmonisation of principles of due law and fair trial. Despite the substantial Europeanisation of criminal law, many criminal lawyers are defending the achievements and typicalities of their national criminal law like never before. EU initiatives are assessed from the perspective of the national agenda and national achievements. We are still too far removed from a European criminal law policy that is both European and enjoys national support. The core issue is therefore not how to keep our criminal (procedural) law national and free from European influences, but rather how to ensure democratic decision making, the quality of the constitutional state and the guarantees of criminal law in a national administrative model which has to operate increasingly interactively within a European and international context. In this contribution, the contours of the Europeanisation of criminal law are outlined and analysed. First, attention will be paid to the EC and, second, to the JHA. Following this, an evaluation and a look ahead at the current IGC are indicated.

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"These bills relate to the same general subject. It involves the question of trying to devise some method of relieving the congestion of business in the United States District courts."--p.