Tuesday, July 5, 2016

New Book: The Integrity of Criminal Process (Hart Publishing)

The Integrity of Criminal Process: From Theory into Practice
Editors: Jill Hunter, Paul Roberts, Simon NM Young, David Dixon
Hart Publishing
July 2016, 448 pp
Description: Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

"Introduction: Re-examining Criminal Process Through the Lens of Integrity"
Paul Roberts, Jill Hunter, Simon NM Young and David Dixon
This book explores the relationship between integrity and criminal process. By ‘criminal process’ we mean, roughly speaking, the institutions, procedures and practices constituting official responses to suspected criminal wrongdoing, encompassing criminal investigations, prosecutions, trials, appeals and extraordinary post-conviction procedures. We do not extend our analysis to ‘the penal system’ and the treatment of convicted offenders, largely on pragmatic rather than theoretical grounds. The book’s central thesis is that ‘integrity’ offers a powerful conceptual lens through which the criminal process in its entirety, or selected phases or aspects of it, can be viewed and critically re-examined. Our general approach could in principle be extended to penality at large, but we had to stop somewhere to keep the volume within reasonable bounds, and adjudication marks a natural temporal break- point, distinguishing the participation of suspects, victims, witnesses and the accused in the investigative process and at trial from the treatment of convicted offenders in the penal system...

"A Public Law Conception of Integrity in the Criminal Process"
Integrity has become a prominent theme in current discourse on the criminal process. It is referred to in cases involving police or prosecutorial misconduct. Courts increasingly make reference to integrity as a ground for ordering relief against and for the government. Integrity lies at the heart of the entrapment and abuse of process doctrines. What more can be expected of the integrity principle will depend on a proper understanding of its scope and meaning. The principle is said to be ‘an influential but also a puzzling principle of criminal justice’. What is the relationship between integrity and human rights? And what is its relationship to notions such as public confidence in the administration of justice, disrepute, accountability and legitimacy? Does it mean anything more than having minimum standards of conduct (and if so, when and in what context), and again is this anything different from a rights-based approach to criminal process? Does it refer to having coherence in the system and if so, coherent by what underlying premises?...

"Integrity, Immunity and Accomplice Witness Testimony"
The use of immunised accomplice witnesses by the prosecution has long been a feature of criminal trials in England and those jurisdictions such as Hong Kong which adopted the English criminal justice system. This practice has been disparaged as ‘unsavoury’ and ‘distasteful’, even ‘unethical’, but ‘turning Queen’s evidence’ in return for immunity from prosecution has been regarded as a ‘necessary evil’ and legally sanctioned as an essential tool in the fight against serious crime. This is particularly true of those forms of criminal activity which normally take place in secrecy, such as trafficking in dangerous drugs, terrorism, fraud and—the subject of this chapter—corruption-related offences...

"Stays of Prosecution and Remedial Integrity"
It is well established in the United Kingdom, Australia and Hong Kong that where a court finds there has been an abuse of process by the prosecution it has an inherent power to order the criminal proceedings to be stayed permanently. A stay of proceedings may be permitted on two bases. An application may be made on the basis that a fair trial is not possible (for reasons such as pre-trial publicity or delay), or on the much rarer basis that whilst a fair trial is possible the application for a stay should be granted anyway as the criminal justice system would otherwise be affronted. This chapter focuses on the latter kind of stay...

"Excluding Integrity?  Revisiting Non-Consequential Justifications for Excluding Improperly Obtained Evidence in Criminal Trials"
This chapter revisits non-consequentialist justifications for excluding a piece of reliable evidence which is improperly obtained (say, through torture or an illegal search) in criminal proceedings. By non-consequentialist justifications, I refer to principles which claim that the improperly obtained evidence should be excluded even if by doing so we do not produce any further good contingent consequences such as deterrence of misconduct by investigatory agents. The two most prominent non-consequentialist justifications offered in the literature are the protective principle and the integrity principle...

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