| Edition |
Second edition. |
| Description |
1 online resource |
|
text file |
| Summary |
Criminal Procedure and Punishment provides a holistic overview of the English and Welsh system of criminal justice, from the earliest stages of arrest and investigation through to the punishment and release of offenders. Aimed at students, it examines not only the law and procedure of criminal justice and punishment, but also underpinning theories and surrounding issues. The book is designed as the set text for an undergraduate law module entitled Criminal Procedure and Punishment, but it is also suitable for courses on criminal law, criminal justice, penology and criminology. The book is divided into two linked parts. The first focuses on criminal procedure, including: the influence of adversarial and inquisitorial theory; the use (and misuse) of police powers; confessions and the right to silence; the trial process and fundamental fair trial rights; and sentencing. The second part focuses on punishment, including: discussion of its history; theoretical and philosophical arguments from scholars including Kant and Bentham; punishment in the modern era; and the prison crisis. Both parts link to common themes and issues, with connections drawn between the different stages of the process and their impact on each other. The book thus offers, through doctrinal and socio-legal methods, a contemporary and rounded approach to two constantly evolving and overlapping topics. New for this edition: Two new chapters: debates surrounding the use of the death penalty in England and Wales and abroad; and the impact of an offender's imprisonment on the family unit; Expanded discussions, new cases and topical developments in areas covered in existing chapters, including police stop and search in response to knife crime; responses to the problem of disclosure of evidence; and attempts to reform the use of police bail. As usual, the book closes with an exploration of future directions, and includes consideration of the potential influence and impact of the Spring 2020 Covid-19 crisis for the criminal justice system. |
| Bibliography |
Includes bibliographical references and index. |
| Contents |
Intro -- Preface -- Contents -- Table of Cases -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z -- Table of Legislation -- Abbreviations -- Theoretical Approaches to Criminal Procedure -- Introduction -- An overview of legal traditions -- Adversarialism -- Inquisitorialism -- A brief critique of ideological approaches to criminal justice -- The purpose(s) of the criminal trial -- Truth -- Argument -- Catharsis -- Finality -- Adversarial and inquisitorial trials: a different purpose? |
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The role of the judiciary in different legal traditions -- The adversarial judiciary -- The myth of the impartial adversarial umpire? -- The inquisitorial judiciary -- Critical analysis of criminal justice: Packer's models -- The utility of Packer's models -- Conclusion -- Policing on the Street (1): Stop and Search -- Introduction -- Overview of the power to stop and search -- Why is stop and search important? -- Prevalence -- Impact -- Stop and search as a crime-fighting tool -- The law governing stop and search -- Section 1(2) of PACE 1984 |
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Section 60 of the CJPOA 1994 and s 47A of the TA 2000 -- Reasonable suspicion -- Case law and research on stop and search -- Racial discrimination -- Direct racial discrimination -- Implicit and 'institutional' racial discrimination -- Poverty and marginalisation -- Poor relations between the police and BAME communities -- Reform -- Other safeguards -- Summary -- Policing on the Street (2): The Power of Arrest -- Overview of the power of arrest -- What constitutes an 'arrest'? -- Arrest as a factual state of affairs -- Arrest depends on context and intention -- Deprivation of liberty |
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The law governing arrest -- Code G -- Reasonable suspicion -- Necessity -- Ancillary powers and duties -- The caution -- Research on the power of arrest -- Summary -- In Police Custody (1): Detention and Charging -- Introduction -- History and development -- Custody officers -- Decisions about detention -- If the suspect can be charged ... -- If the suspect cannot be charged ... -- Release from police custody on bail -- Bail without charge -- Impact of the changes -- The 'necessity' of detention prior to charge -- The effect of the custody officer -- Custody records -- Reviews of detention |
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Detention time limits -- Charging a suspect -- The Full Code Test -- The Threshold Test -- Which test is used? -- Who makes the decision to charge? -- Research on charging decisions -- Summary -- In Police Custody (2): Legal Advice and Interrogation -- The right of access to a lawyer -- The right to a lawyer and human rights -- The impact of s 58 on access to a lawyer -- Who provides legal advice at police stations? -- How is legal advice provided? -- The effect of legal advice -- Police interviews -- Why do the police interview? -- Defining a police 'interview' -- When can the police interview? |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Criminal law -- Wales.
|
|
Criminal law. |
|
Wales. |
|
Criminal law -- England.
|
|
England. |
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Punishment -- Wales.
|
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Punishment. |
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Punishment -- England.
|
| Genre/Form |
Electronic books.
|
|
Electronic books.
|
| Subject |
Criminal law. |
| Added Author |
Smith, Tom, author.
|
| Other Form: |
Print version: Ed, Johnston Criminal Procedure and Punishment London : Hall & Stott,c2020 |
| ISBN |
9780995653078 (electronic book) |
|
0995653070 (electronic book) |
|
