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Integrity of Criminal Process: From Theory into Practice

Edited by: Jill Hunter, Paul Roberts, Simon N. M. Young, David Dixon

ISBN13: 9781849465946
Published: August 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £120.00
Paperback edition , ISBN13 9781509926411

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Criminal proceedings, theorists and practitioners would generally agree, 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 sixteen 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 and charging practice; prosecutorial independence, policy and operational decision-making; plea bargaining; the ethical obligations of expert witnesses; victims' rights; criminal procedure and rules of evidence; judicial reasoning; lay participation in criminal adjudication; innocence projects; and state compensation for wrongful convictions.

Criminal Law
Introduction: Re-examining Criminal Process Through the Lens of Integrity Paul Roberts, Jill Hunter, Simon NM Young and David Dixon
1. A Public Law Conception of Integrity in the Criminal Process Simon NM Young
2. Searching for Integrity in Domestic Violence Policing Julie Stubbs
3. Integrity, Interrogation and Criminal Injustice David Dixon
4. Factory Farming and State-Induced Pleas Mike McConville and Luke Marsh
5. Negotiating Justice with Integrity in New South Wales Nicholas Cowdery AM QC
6. The Integrity of Charging Decisions Jeremy Gans
7. Prosecutors Interviewing Witnesses: A Question of Integrity Paul Roberts
8. Integrity, Immunity and Accomplice Witness TestimonyMichael I Jackson
9. Expert Evidence and the Responsibilities of Prosecutors Gary Edmond
10. Stays of Prosecution and Remedial Integrity Amanda Whitfort
11. Excluding Integrity? Revisiting Non-Consequentialist Justifications for Excluding Improperly Obtained Evidence in Criminal Trials Peter Chau
12. Unbecoming Jurors and Unreasoned Verdicts: Realising Integrity in the Jury Room John Jackson
13. Remorse and Demeanour in the Courtroom: Cognitive Science and the Evaluation of Contrition Susan A Bandes
14. Rape Law, Past Wrongs and Legal Fictions: Telling Law's Story with Integrity Jill Hunter
15. Against Innocence Charles D Weisselberg
16. Compensating Injustice: The Perils of the Innocence Discourse Carolyn Hoyle