Fairness in criminal justice : golden threads and pragmatic patches / Sian Elias.

Format:

Book

Author/Creator:

Elias, Sian, author.

Series:

Hamlyn lectures ; 2016.

The Hamlyn lectures ; 2016

Language:

English

Subjects (All):

Criminal justice, Administration of.

Justice.

University of Exeter. School of Law.

University of Exeter.

Physical Description:

1 online resource (xviii, 168 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2018.

System Details:

text file

PDF

Summary:

British criminal justice is a principal legacy of Empire in the common law world. It attempts fairness between prosecutors and accused in an accusatory system for establishing criminal responsibility supervised by a judge who is conspicuously detached from the fray. Fundamental features, today recognised as human rights, include the presumption of innocence and onus of proof, the privilege against self-incrimination, and the right to legal advice and representation. In these lectures, Dame Sian Elias examines modern challenges to this conception of criminal justice prompted by anxiety about crime and the costs and delays in proof of guilt. They include enlarged prosecutorial discretion in charging, incentivisation of early guilty pleas, adoption of reverse onuses of proof, application to criminal proceedings of principles of modern civil case management, and measures to bring the victim into the criminal justice system. The lectures question whether this repositioning risks the integrity of the system.

Contents:

'Fair and just'?

Righting criminal justice

'The most important of all judicial functions'.

Notes:

Title from publisher's bibliographic system (viewed on 30 Aug 2018).

Other Format:

Print version:

ISBN:

9781108625777

Access Restriction:

Restricted for use by site license.