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The Codification of Criminal Procedure

J R Spencer

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0028
Subject:
Law, Criminal Law and Criminology

The fact that Scotland has a code of criminal procedure will come as a surprise not only to most English lawyers, most of whom know shamefully little about criminal law north of the Border, but ... More


Civil Procedure and Evidence

Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi

Mauro Capelletti, John Henry Meryman, and Joseph M. Perillo (eds)

in The Italian Legal System: An Introduction, Second Edition

Published in print:
2015
Published Online:
May 2016
ISBN:
9780804774956
eISBN:
9780804796552
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804774956.003.0004
Subject:
Law, Comparative Law

This chapter provides an overview of civil procedure, including historical background; constitutional norms; investigation and discovery; appeals and judgments; and trends in procedural scholarship. ... More


Criminal Law and Procedure

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0019
Subject:
Law, Comparative Law

This chapter discusses Japanese criminal law and procedure. Topics covered include the history of criminal law, basic rules of criminal law, special crimes in the Special Part of the Criminal Code ... More


Procedural Law of Internationalized Criminal Courts

Håkan Friman

in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276745
eISBN:
9780191707650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276745.003.0015
Subject:
Law, Public International Law

This chapter examines the criminal procedures applied (or to be applied) by internationalized courts in Kosovo, East Timor, Cambodia, and Sierra Leone, including developments for the period up to ... More


Criminal Law and Procedure

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on criminal law and procedure in Mexico. It begins by examining the historical background and sources of criminal law, and this is followed by a discussion on judicial precedent ... More


The Substance-Procedure Relationship in Criminal Law

Donald A Dripps

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0018
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter takes on the relationship between substance and procedure in criminal law, arguing that it must be explained with reference to competing conceptions of underlying political and moral ... More


The Lawyer-Free Criminal Trial

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0001
Subject:
Law, Criminal Law and Criminology, Legal History

This chapter describes the trial procedure in cases of serious crime, which took shape in England in the 16th and 17th centuries. Lawyers for prosecution and defense played virtually no role. Defense ... More


The Criminal Justice System and the Death Penalty

Hong Lu, Yudu Li, and Charlotte Hu

in The Death Penalty In China: Policy, Practice, and Reform

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231170079
eISBN:
9780231540810
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170079.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter provides an overview of the substantive and procedural laws regarding China’s death penalty, and examines a recent death penalty case to illustrate how death penalty laws are translated ... More


The Adversarial Criminal Trial

David J. A. Cairns

in Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262848
eISBN:
9780191682414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262848.003.0007
Subject:
Law, Legal History

The adversarial criminal trial is seen to come of age in Palmer. Twenty years after the Prisoners' Counsel Act this trial, one of the great criminal trials in the history of English law, triumphantly ... More


PROCEDURE: Implicit Proportionality Limits on Police Powers and Defendant Rights

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines the many examples of constitutional and subconstitutional criminal procedure rules incorporating ends-benefits and/or alternative-means proportionality principles. The ... More


Access to Justice: Domestic Violence, Laws, and Procedures

Victor M. Uribe-Uran

in Fatal Love: Spousal Killers, Law, and Punishment in the Late Colonial Spanish Atlantic

Published in print:
2015
Published Online:
May 2016
ISBN:
9780804794633
eISBN:
9780804796316
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804794633.003.0001
Subject:
History, Latin American History

Looks at canon or ecclesiastical and civil laws pertaining to marriage and marriage-related crimes in Spain and those in the colonies, and examines judicial procedures concerning the trial of public ... More


The Treason Trials Act of 1696: The Advent of Defense Counsel

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0002
Subject:
Law, Criminal Law and Criminology, Legal History

In criminal prosecutions for high treason, the crown was always represented by counsel, but the rule against defense counsel prevented the defendants from having a lawyer. In the decade preceding the ... More


Legal Procedure in Cicero’s Time

Andrew Lintott

in Cicero the Advocate

Published in print:
2004
Published Online:
January 2010
ISBN:
9780198152804
eISBN:
9780191715143
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198152804.003.0002
Subject:
Classical Studies, Prose and Writers: Classical, Early, and Medieval

Cicero's legal cases ranged from treason, murder, and ‘public violence’ to disputes about property and debt. Modern Western systems of justice differentiate criminal law from civil law in a number of ... More


The Origins of Adversary Criminal Trial

John H. Langbein

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.001.0001
Subject:
Law, Criminal Law and Criminology, Legal History

The adversary system of trial, now the defining feature of Anglo-American criminal procedure, developed late in English legal history. For centuries, defendants were forbidden to have trial counsel. ... More


Criminal Law and Criminal Justice: An Exercise in Ad Hocery

Pamela R Ferguson

in Law Making and the Scottish Parliament: The Early Years

Published in print:
2011
Published Online:
March 2012
ISBN:
9780748640195
eISBN:
9780748651498
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640195.003.0028
Subject:
Law, Legal History

At the time of writing the Scottish Parliament has passed 147 statutes, more than a third of which affect criminal procedure, sentencing, or the substantive criminal law. Such is the extent of these ... More


wDenial, Remorse, Apology, and Forgiveness

Stephanos Bibas

in The Machinery of Criminal Justice

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195374681
eISBN:
9780199933204
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374681.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter explores a prime example of insiders' assembly-line blinders: criminal procedure's limited concern with denial, remorse, apology, and forgiveness. This limitation slights defendants and ... More


Habeas Corpus in Criminal Law

Judith Farbey, R. J. Sharpe, and Simon Atrill

in The Law of Habeas Corpus

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199248247
eISBN:
9780191725241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248247.003.0006
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

From the 17th century to the 19th century, habeas corpus was an important aspect of day-to-day criminal procedure. It was the accepted method by which a person committed by the local justices could ... More


The Penal Order: Prosecutorial Sentencing as a Model for Criminal Justice Reform?

Stephen C. Thaman

in The Prosecutor in Transnational Perspective

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199844807
eISBN:
9780190260033
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199844807.003.0012
Subject:
Law, Comparative Law

This chapter first traces the history of the penal order from its earliest roots through its consolidation as a normal alternative form of procedure in Germany. It then compares the types of penal ... More


Europe's Area of Freedom, Security, and Justice

Neil Walker (ed.)

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199274659
eISBN:
9780191699771
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274659.001.0001
Subject:
Law, EU Law

This volume explores the main areas of legal development under the so-called ‘Area of Freedom, Security, and Justice’ (AFSJ), which was introduced into European law under the Treaty of Amsterdam of ... More


Pluralism: A New Framework for International Criminal Justice

Elies van Sliedregt and Sergey Vasiliev (eds)

in Pluralism in International Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198703198
eISBN:
9780191772498
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703198.003.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter introduces ‘pluralism’ as a framework for international criminal justice and provides an overview of the previous debates on (global) legal pluralism, fragmentation, and diversification ... More


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