Simplification of Criminal Procedure
Author : South African Law Commission
Publisher :
Page : 64 pages
File Size : 25,57 MB
Release : 2000
Category : Criminal procedure
ISBN :
Author : South African Law Commission
Publisher :
Page : 64 pages
File Size : 25,57 MB
Release : 2000
Category : Criminal procedure
ISBN :
Author : South African Law Commission
Publisher : Commission
Page : 50 pages
File Size : 41,15 MB
Release : 1997
Category : Criminal justice, Administration of
ISBN : 9780621177053
Author : South African Law Commission
Publisher :
Page : 140 pages
File Size : 35,27 MB
Release : 2001
Category : Appellate procedure
ISBN :
Author :
Publisher :
Page : 96 pages
File Size : 39,97 MB
Release : 1992
Category :
ISBN :
Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 160 pages
File Size : 40,94 MB
Release : 2011-09-28
Category : Law
ISBN : 9780118405188
In this report the Law Commission says the legal definition of kidnap needs to be rewritten to allow prosecutors to deal properly with each offender. It says the existing definition was confusing and ambiguous. Kidnapping is a common law offence - an historic crime developed in the courts, rather than being defined exactly by an Act of Parliament. It covers a huge range of possible offences, from minor domestic incidents to major conspiracies, and can carry a maximum life sentence. But the Law Commission says kidnap is more complex than the popular view that the offence occurs when someone is taken against their will. Prosecutors must also show that there was either fraud or force involved - otherwise they must rely on other offences such as abduction or false imprisonment. This means there is a gap in the law where either a child or a vulnerable adult - such as someone with learning disabilities - was enticed away. Although neither could give consent to being taken away, a perpetrator would escape a charge of kidnap if the police and prosecutors could not show they used force or fraud. In the worst-case scenario, this could mean that someone who kidnapped a child would face a maximum sentence of just seven years. Kidnap could be made more workable by simply showing that the victim had not given their consent to being taken away. The Commission also says reforms could also allow minor cases to be dealt with by magistrates' courts, saving both time and money
Author : South African Law Commission
Publisher :
Page : 120 pages
File Size : 24,44 MB
Release : 1992
Category : Appellate procedure
ISBN :
Author : South African Law Commission
Publisher :
Page : 206 pages
File Size : 11,62 MB
Release : 2001
Category : Adversary system (Law)
ISBN :
Author : Jens David Ohlin
Publisher : Aspen Publishing
Page : 1670 pages
File Size : 25,69 MB
Release : 2023-09-14
Category : Law
ISBN :
Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Torres v. Madrid (2021) and its central question for criminal procedure: Does a shooting by a police officer that fails to incapacitate a suspect, who temporarily eludes capture, constitute a seizure? Simplified but enhanced materials regarding automobile searches. Simplified materials regarding protective sweeps. Enhanced materials on Terry stops, exploring both doctrinal developments and policy implications. Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing Apodaca and its confusing array of overlapping plurality opinions. Edwards v. Vannoy (2021) and its holding that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Discovery reform in New York State. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles). Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Author :
Publisher :
Page : 27 pages
File Size : 19,82 MB
Release : 2001
Category : Courts
ISBN : 9781877187650
Author : South African Law Commission
Publisher :
Page : 328 pages
File Size : 33,59 MB
Release : 1994
Category : Criminal courts
ISBN :