Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973

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

Criminal procedure : Victoria & Commonwealth

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.

A digest of the law of criminal procedure in indictable offences.

Mode of access: Internet.

Flat-time prison sentences : a proposal for swift, certain, and even-handed justice /

Pamphlet is in a question answer format.

Indeterminate and determinate sentencing : criminal justice issues before the first Special Session, October 24, 1977 : House Republican Committee Staff report /

Issued September, 1977.

New criminal procedure: or, New commentaries on the law of pleading and evidence and the practice in criminal cases,

"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.

New criminal procedure ; or, New commentaries on the law of pleading and evidence and the practice in criminal cases /

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

A complete practical treatise on criminal procedure, pleading and evidence, in indictable cases : with minute directions and forms ... comprising the "New system of criminal procedure, pleading and evidence" /

Mode of access: Internet.

Civil & criminal procedure of Jewish courts /

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

Scientific proof that humans enjoy punishing wrongdoers: The implications for punishment and sentencing

Recent developments in brain science confirm that as a race we are in fact a punitive lot. Human beings actually derive pleasure from inflicting punishment on wrongdoers. We are wired in such a way that the part of our brain that reports pleasure is activated when we punish norm violators. This is even when punishment has no tangible or demonstrable benefits. However, we are not slaves lo our emotions. Another region of our brain 'kicks-in' if punishment becomes self-defeating, in that it conflicts with our other interests. The implications of this research for punishment theory and the practice of sentencing are discussed in this paper. The findings give qualified support to the theory known as intrinsic retributivism, but do not suggest it is the soundest theory of punishment. This is because we stop punishing when it comes at a cost to us. The good feeling that punishment invokes in punishers is another consequential consideration in favour of the utilitarian theory of punishment. However, it is not clear that the utilitarian calculus is necessarily affected by the findings. The main implication of the research findings relates to the relevance of public opinion to sentencing practice. The findings support the view that public sentiment, which seems to support increasingly tougher sanctions, can be curtailed of the public are informed that punishment comes of a cost to community.

Giving content to the principle of proportionality: happiness and pain as the universal currency for matching offence seriousness and penalty severity

The principle of proportionality prescribes that the punishment should equal the crime. It is one of the most important principles of sentencing. Yet, despite its widespread acceptance it offers no meaningful guide to sentencing. Hence penalty levels fluctuate greatly between jurisdictions and within jurisdictions. This is because there is no universally agreed criterion for measuring offence seriousness or penalty severity. This article suggests that the appropriate criteria for matching offence seriousness and penalty severity is the level of unhappiness or pain stemming from each of these impositions. Thus, for example, the level of pain meted out to a rape offender should equal the level of pain caused to a rape victim. Emerging scientific studies on human well-being and happiness show that human beings are similarly built in terms of the experiences that are either conducive or inimical to well-being. This commonality provides a strong foundation to be confident to make reasonably accurate predictions concerning the extent to which adverse events, such as being the victim of a criminal offence or subjected to a form of criminal sanction will stifle human flourishing. This will then allow us to match accurately offence seriousness and penalty level.

International sentencing law: in search of a justification and coherent framework

An international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretion and has resulted in sentencers developing a large amount of aggravating and mitigating considerations, such as being in a position of authority, remorse and good character. It is argued that the current international sentencing approach is flawed - fundamentally so. Most of the stated goals of international sentencing in the form of reconciliation, retribution and rehabilitation are either highly speculative or misguided. The only justification for the practice is general deterrence. This is, however, significantly undermined by the selective and infrequent enforcement of crimes within the jurisdiction of such tribunals. The stated aggravated and mitigating considerations are not valid given that they are not justified by reference to the stated aims of sentencing and only serve to undermine the search for a penalty which is commensurate the serious of the offence. This article suggests a coherent framework for international sentencing policy and practice.

Australian sentencing : principles and practice

Australian Sentencing: Principles and Practice explains the rules, principles, policies and practices that underpin the manner in which people are punished for criminal behaviour in Australia. As well as dealing with sentencing law today, the book provides an extensive analysis of the wider policy, moral, and political consideration which shape sentencing law. It analyses and evaluates existing standards and practices, and suggests how sentencing law should be reformed so that it operates in a fairer, more efficient and effective manner.

Content: Part A: 1. The nature of sentencing and theories of punishment; 2. Plucking figures from the air: the instinctive synthesis; 3. The objectives that are attainable through sentencing; 4. High Court sentencing jurisprudence; Part B: 5. The principle of proportionality; 6. Aggravating factors; 7. Mitigating considerations; 8. The relevance of a guilty plea to sentence; 9. The relevance of prior criminality; 10. Aboriginality; Part C: 11. The nature of criminal sanctions; 12. Imprisonment; 13. Intermediate sanctions; 14. Discharges and bonds, fines and disqualifications; Part D: 15. The way forward ? strategic sentencing.