Sanders & Young's Criminal Justice

2021 ◽  
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Criminal Justice ◽  
Case Law ◽  
Legal Analysis ◽  
Comprehensive Overview ◽  
Police Custody ◽  
Recent Developments ◽  
Research Findings ◽  
Text Features ◽  
The Impact ◽  
Research And Policy

Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales (excluding punishment), as well as thought-provoking insights into how it might be altered and improved and research that might be needed to help accomplish this. Tracing the procedures surrounding the appre-hension, investigation, trial and appeal against conviction of suspected offenders, this book is the ideal com-panion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including terrorism legislation and the initial Covid-related restrictions introduced in early-mid 2020. In this, the book’s 5th edition: two experienced new co-authors, Dr Layla Skinns and Dr Lucy Welsh, join Andrew Sanders (Richard Young having decided, 25+ years after the 1st edition, to do other things); the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is enriched by the new authors’ specialist research into accountability, police custody, magistrates’ courts and criminal legal aid. The theoretical structure of the earlier editions is retained, but developed further by consideration of ‘core values’ in criminal justice and the impact of neoliberalism.

Misdemeanor Courts, Due Process, and Case Outcomes

2020 ◽  
Vol 31 (9) ◽  
pp. 1312-1339
Author(s):  
Alisa Smith ◽  
Sean Maddan
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Due Process ◽  
Secondary Data ◽  
Future Research ◽  
Research Findings ◽  
Due Process Rights ◽  
Sentencing Research ◽  
Research And Policy ◽  
Sentencing Outcomes

Very little research on courts and sentencing outcomes focuses on misdemeanor courts despite the fact that most crime processed through the criminal justice system is misdemeanor in nature. In fact, the overwhelming empiricism in this area is on felony court outcomes at either the federal or state levels. This research utilized a mixed methodology approach, a combination of observation, survey, and secondary data, to explore misdemeanor court outcomes across the State of Florida. In particular, this research focused on the extent of due process afforded misdemeanor defendants and how this impacted case outcomes. Findings indicate an overall lack of due process and awareness of due process rights across the vast majority of cases. This study also explored sentencing outcomes via traditional metrics associated with contemporary sentencing research. Findings suggest that misdemeanor courts processing operate much differently than felony courts. The implications for future research and policy are discussed.

Where Next After Coman?

2019 ◽  
Vol 21 (1) ◽  
pp. 117-139
Author(s):  
Amanda Spalding
Keyword(s):  
Case Law ◽  
European Convention ◽  
The European Union ◽  
Current Position ◽  
Court Of Justice ◽  
Form Part ◽  
Recent Developments ◽  
Definition Of ◽  
The Impact ◽  
The Eu

Abstract This article considers the impact of the recent judgment of the Court of Justice of the European Union in Case C-673/16 Coman and Others in which same-sex marriages where found to fall under the definition of ‘spouse’ in the Citizenship Directive. In light of recent societal and case law developments in Europe it is possible that Coman may come to be an important foundational case which will form part of the groundwork for the CJEU to advance the rights of unmarried couples in the EU migration context. This article examines the current position of unmarried couples (including registered or civil partners) under EU migration legislation as well as recent developments under the European Convention of Human Rights to argue that there are clear indications that EU migration laws need to be adapted to better suit a wider range of relationships than marriage.

scholarly journals The Admissibility of Young People's Statements under the Proposed Youth Criminal Justice Act

1969 ◽  
pp. 771
Author(s):  
Sanjeev Anand ◽  
James Robb
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Common Law ◽  
Case Law ◽  
Young Offender ◽  
Youth Court ◽  
Youth Criminal Justice Act ◽  
The Common ◽  
The Impact ◽  
Young Offenders Act

This article examines the impact of Bill C-7, the Youth Criminal Justice Act, on the admissibility of young people s statements. Although the proposed reforms appear to leave admissibility within the discretion of youth court judges, the authors argue that the YCJA significantly curtails the types of factors that judges can consider when assessing the admissibility of youth statements. The three sources of law applicable to young offender statements are examined: the legislative provisions, the common law rules of voluntariness, and ss. 7, 9, and 10 of the Charter. The authors analyze s. 146 of the YCJA, the applicable section to youth statements, and compare it to the previous version of the Bill and to the current provisions of the Young Offenders Act The case law concerning voluntariness and Charter rights are also discussed, as well as the potential interrelationship between the three sources of law. In addition, the article explores when youth statements made to a person not in authority will be inadmissible.

Renewable-Energy Support Schemes in the Case Law of the Court of Justice of the eu: Tensions Between Trade and Climate Objectives

Climate Law ◽  
2016 ◽  
Vol 6 (3-4) ◽  
pp. 264-278
Author(s):  
Eirini Tsifopoulou
Keyword(s):  
Renewable Energy ◽  
Market Integration ◽  
Case Law ◽  
Potential Conflict ◽  
Court Of Justice ◽  
Promotion Policies ◽  
Recent Developments ◽  
Free Movement Of Goods ◽  
The Impact ◽  
The Eu

This article discusses the application of eu law by the Court of Justice of the eu to the renewable-energy promotion policies. The key question in the case law is whether national policies designed to promote locally produced renewable energy are consistent with eu law, and specifically with the principle of the free movement of goods. The article analyses the recent Ålands Vindkraft and Essent Belgium cases, focusing on the interaction and potential conflict between trade objectives and the objective of promoting renewable energy. It is argued that the Court has consistently accommodated national support policies with competing trade objectives while emphasizing the need for proportionality in restrictions on trade. The article also discusses the impact of the Court’s rulings on eu renewables policies against the backdrop of recent developments towards increased market integration of renewable energy.

scholarly journals The Scope of the Powers of the Minister of Finance in Terms of Section 48(1)(b) of the Customs and Excise Act 91 of 1964: An Appraisal of Recent Developments in Case Law

2018 ◽  
Vol 21 ◽  
pp. 1-25
Author(s):  
Clive Vinti
Keyword(s):  
Final Analysis ◽  
Case Law ◽  
Veto Power ◽  
High Court ◽  
The Public ◽  
Recent Developments ◽  
The Impact ◽  
First Time ◽  
The Relationship

This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of Trade and Industry to amend Schedule 1 to the Customs and Excise Act 91 of 1964 (hereafter, CEA) in respect of imported goods as provided by section 48(1)(b) of the CEA. This assessment entails a case analysis of the High Court decisions in South Africa Sugar Association v the Minister of Trade and Industry 2017 4 All SA 555 (GP) and Pioneer Foods (Pty) Ltd v Minister of Finance 2017 ZAWCHC 110 (29 September 2017). These two cases offer for the first time, clarification on the nature of the power conferred on the Minister of Finance by section 48(1)(b) of the CEA. The High Court in these two cases rejected the argument that the role of the Minister of Finance in respect of the power conferred upon him/her by section 48(1)(b) is that of a "registrar" who merely 'rubberstamps' the decision of the Minister of Trade and Industry. Consequently, the High Court in both matters held that a veto power is conferred on the Minister of Finance which permits him/her to either accept or decline the request of the Minister of Trade and Industry to amend Schedule 1 of the CEA.To the contrary, this paper argues that if the Minister of Finance declines the request of the Minister of Trade and Industry, s/he is not 'giving effect' to the request of the Minister of Trade and Industry as required by section 48(1)(b) of the CEA and is thus acting ultra vires because s/he is assuming powers which never conferred on him/her by the legislature. This paper also argues that the High Court in both matters, misconstrued the relationship between section 48(1)(b) and the "public interest" provisions in section 48 and thus unjustifiably stripped the Minister of Trade and Industry of his/her power to implement an amendment to Schedule 1. In the final analysis, this paper explores the impact of the Customs Duty Act 30 of 2014 on the Minister of Finance's powers in this regard.    

scholarly journals Out with “Fine Time,” in with Financial Waivers: Recent Developments in Massachusetts Probation Fines and Fees Policies

2021 ◽  
Vol 10 (10) ◽  
pp. 391
Author(s):  
Matheson Sanchez ◽  
Shytierra Gaston
Keyword(s):  
Criminal Justice ◽  
Policy Development ◽  
Justice System ◽  
Probation Officers ◽  
Future Research ◽  
Criminal Justice Reform ◽  
Recent Developments ◽  
Recent Reform ◽  
Fine Time ◽  
Research And Policy

The criminal justice system routinely imposes financial sanctions on probation clients. These fines, fees, and restitution debts often amount to more than what many clients can reasonably afford to pay. Until recently, Massachusetts courts have incarcerated clients solely for their inability to pay these debts in a practice known as “fine time”. In 2018, the state passed a landmark criminal justice reform bill that restricted the types of cases in which fine time can be ordered. Clients that can establish that payment would lead to financial hardship can now petition the court for a financial waiver accompanied by community service. The current study seeks to explore the implications of the recent reform efforts on probation services by analyzing surveys gathered from a sample of 121 Massachusetts probation officers in 2020. Descriptive findings of officers’ attitudes toward fines and fees, responses to nonpayment by clients, and the use of financial waivers are presented. Officers’ perceptions and practices align with the recent reform efforts, suggesting support among probation personnel for policies that limit punitive responses to nonpayment of legal debts by their supervisees. Possible directions for future research and policy development are discussed.

scholarly journals No longer a ‘collateral consequence’: Imprisonment and the reframing of citizenship

2020 ◽  
pp. 147737082096106
Author(s):  
Cormac Behan
Keyword(s):  
Criminal Justice ◽  
Social Rights ◽  
Penal Policy ◽  
England And Wales ◽  
Collateral Consequence ◽  
Recent Developments ◽  
The Impact

This article examines the impact of imprisonment on citizenship. It identifies how civil, political and social rights are circumscribed with a sentence of imprisonment, and scrutinizes to what extent citizenship is limited for prisoners. Drawing on recent developments in England and Wales, it contends that citizenship has been eroded, not as a ‘collateral consequence’ of imprisonment, but rather as a determined penal policy. The boundaries of punishment have become blurred, moving from criminal justice institutions, and extending towards what is termed civil and political penality. Finally, it argues that, because citizenship in prison is inevitably framed around the differences between freedom and captivity, prisoners respond to the constraints of imprisonment through alternative ways of expressing their citizenship.

A Practical Approach to Criminal Procedure

2019 ◽  
Author(s):  
John Sprack ◽  
Michael Engelhardt–Sprack
Keyword(s):  
Criminal Procedure ◽  
Practical Approach ◽  
Comprehensive Overview ◽  
Youth Court ◽  
Practical Guide ◽  
Frequent Use ◽  
Recent Developments ◽  
The Law ◽  
The Impact ◽  
The Way

Beginning with an explanation of procedure prior to the accused appearing in court, this straightforward and practical guide works through the way in which prosecutions are commenced and the process around funding by the criminal defence service and bail. It then moves on to describe proceedings in the magistrates' court, including summary trial and committal for sentence, as well as the way in which the youth court operates. Finally, the process by which serious offences are sent direct to the Crown Court; trial on indictment; and sentencing and appeals are all examined in detail. Fully updated to incorporate recent developments in the field, this new edition examines the impact of legislative developments, such as the repeal of the Criminal Courts Charge, changes to the funding system, and amendments to the Criminal Procedure Rules. Recent judicial initiatives and important new case law are also covered. Very much a practical guide, this title makes frequent use of examples, flowcharts, and tables, and is specifically designed to assist the busy professional and student. A Practical Approach to Criminal Procedure is an indispensable resource for those working in this field. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote ease of understanding.

Recent Developments in Delaware Valuation Cases

2021 ◽  
Vol 40 (1) ◽  
pp. 20-37
Author(s):  
Gilbert E. Matthews
Keyword(s):  
Cash Flow ◽  
Case Law ◽  
Negotiation Process ◽  
Court Decisions ◽  
Discounted Cash Flow ◽  
Recent Developments ◽  
Court Of Chancery ◽  
The Impact ◽  
Transaction Price

This article discusses current developments in Delaware case law as they relate to valuation. It reviews all relevant Delaware Supreme Court decisions since 2017 and all relevant Court of Chancery decisions since 2019. We discuss the emphasis being placed by the Delaware courts on using discounted cash flow for valuations in related party transactions, as well as the substantial reliance on transaction price as the valuation measure in arm's-length transactions that have a satisfactory negotiation process. We conclude with a discussion of the impact of these and prior Delaware decisions on the valuation community and comments on the role of expert witnesses.

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