Justice in-between : a study of intermediate criminal verdicts / Federico Picinali.

Format:

Book

Author/Creator:

Picinali, Federico, author.

Series:

Oxford monographs on criminal law and justice.

Oxford monographs on criminal law and justice

Language:

English

Subjects (All):

Verdicts.

Acquittals.

Judgments, Criminal.

Physical Description:

1 online resource (305 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2022.

Summary:

'Justice In-Between' is a study of intermediate criminal verdicts, and advances a novel justification of these controversial devices with the aim to produce a consensus amongst scholars subscribing to different theories of punishment.

Contents:

Cover

Series

Justice In-Between

Copyright

Contents

List of Cases

Legislative Materials

Introduction

1 Why study intermediate criminal verdicts?

2 A terminological note: what is a criminal verdict and what do I mean by it?

3 An overview of the book

1. Intermediate Verdicts are not a Fanciful Construct

1.1 Introduction

1.2 Intermediate verdicts in the ius commune criminal trial

1.3 The Italian acquittal 'per insufficienza di prove' in the 1930 Code of Criminal Procedure

1.4 The Scottish 'not proven' verdict

1.5 Concluding remarks

2. The Presumption of Innocence: A Decisive Objection to Intermediate Verdicts?

2.1 Introduction

2.2 The argument for incompatibility

2.3 The presumption of innocence and the allocation of the burden of proof

2.4 The presumption of innocence and the treatment of the defendant

2.5 Reassessing the argument for incompatibility

2.6 Concluding remarks

3. Acquittal vs Conviction: We can all be Expected-​Value Maximisers in this Choice

3.1 Introduction

3.2 A clarification of the claim and an overview of my defence

3.3 Consequentialist vs deontological theories of punishment

3.4 Deontological restrictions and permissions about punishment

3.5 The role of restrictions and permissions in adjudication

3.6 Different theories of punishment, different value functions

3.7 Concluding remarks

4. The Decision-​Theoretic Case for Intermediate Criminal Verdicts

4.1 Introduction

4.2 The decision-​theoretic argument for the selection of the standard of proof in a binary system

4.3 The superiority condition

4.4 Understanding the superiority condition

4.5 Conditional acquittal as a superior intermediate verdict

4.6 Acquittal, retrial, and double jeopardy

4.7 Concluding remarks

5. A Battery of Objections

5.1 Introduction.

5.2 Not all cases are alike

5.3 Effects not registered in the decision-​theoretic justification

5.4 Can the decision-​theoretic model be implemented?

5.5 Existing equivalent devices

5.6 Are intermediate verdicts a 'cop-​out'?

5.7 Concluding remarks

6. Conclusion

Appendix

Bibliography

Index.

Notes:

This edition also issued in print: 2022.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on November 1, 2022).

Other Format:

Print version: Picinali, Federico Justice In-Between

ISBN:

0-19-189679-9

0-19-263353-8

0-19-263354-6