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Criminal Justice and the Pursuit of Truth /
Can the criminal justice system achieve justice based on its ability to determine the truth? This book investigates the concept of truth and scrutinises how well the criminal justice process facilitates truth-finding. It bridges the gap between what people expect from the justice system and what it...
| Autores principales: | , |
|---|---|
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Bristol, UK :
Bristol University Press,
2021.
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| Colección: | Book collections on Project MUSE.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Front Cover
- Criminal Justice and the Pursuit of Truth
- Copyright information
- Table of contents
- Preface
- 1 The Criminal Process and the Pursuit of Truth
- The evolution of the modern criminal process
- The oath
- The nature of truth
- Lying
- Truth and the criminal process
- 2 Allegations
- The power of allegations
- The gateway to the criminal justice system
- Moral panics and signal crimes
- The Independent Inquiry into Child Sexual Abuse
- Victims, survivors or complainants?
- False allegations
- 3 Confessions
- Definitions of guilt: confessing and accepting responsibility
- Confessions by the factually innocent
- What characterizes innocent people who confess?
- Understanding why innocent people admit 'guilt'
- Confessions: from psychological vulnerability to legal protection
- Oppression
- Unreliability
- Unfairness
- Confessions, truth and systemic probity
- 4 Witness Testimony
- Witness demeanour, credibility and the ability to detect lies
- Hearsay evidence
- Identification evidence
- Memories
- 5 Truth and the Probity of Evidence-Gathering
- The admissibility of illegally or unfairly obtained evidence in common law
- The Police and Criminal Evidence Act 1984
- Human rights protection
- The 'fruits of the poison tree' doctrine
- Balancing probativeness and probity
- Human rights protection
- Deterrence
- Legitimate limitations on the admissibility of probative evidence
- 6 Decisions and Narratives: Factfinding and Case Construction
- Decision making, storytelling and narrative
- The importance of narrative
- Constructing the case
- The centrality of storytelling
- 7 Truth and the Criminal Trial: Competing Stories
- Adversarial justice
- Evidence and the decision to prosecute
- The burden and standard of proof
- Withdrawing evidence from the factfinder: the example of complainants' previous sexual history
- Withdrawing evidence from the factfinder: the defendant's prior character
- The journey to beyond reasonable doubt
- Dispelling doubt through storytelling
- Stories defence lawyers and defendants tell
- The disappearing trial
- 8 Truth, Sentencing and Punishment
- Admitting to what?
- The circumstances surrounding the plea
- Truth and the sentencing decision
- The importance of quantifying offence severity
- 'Facts' and the impact of sentencing guidelines
- Victims' perceptions and the sentencing process
- Misrepresenting the sentence: the length of determinate custodial terms
- Recognizing the victim's voice in parole decisions: a new paradigm of inclusivity?
- Why truth is integral to sentencing
- 9 Restoration, Reconciliation and Reconceptualizing Justice
- Alternative means of dispute resolution
- Defining restorative justice
- Restorative justice and the search for truth: empirical findings
- 'Truth commissions' and 'extraordinary crime'