Defendant Participation in the Criminal Process

Nonfiction, Reference & Language, Law, Comparative, Criminal Procedure
Cover of the book Defendant Participation in the Criminal Process by Abenaa Owusu- Bempah, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Abenaa Owusu- Bempah ISBN: 9781317664680
Publisher: Taylor and Francis Publication: October 4, 2016
Imprint: Routledge Language: English
Author: Abenaa Owusu- Bempah
ISBN: 9781317664680
Publisher: Taylor and Francis
Publication: October 4, 2016
Imprint: Routledge
Language: English

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system.

The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system.

The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

More books from Taylor and Francis

Cover of the book The Genesis of Plato's Thought by Abenaa Owusu- Bempah
Cover of the book Conversations With Form by Abenaa Owusu- Bempah
Cover of the book The Politics of Teacher Professional Development by Abenaa Owusu- Bempah
Cover of the book Brands by Abenaa Owusu- Bempah
Cover of the book Cultural Capital, Identity, and Social Mobility by Abenaa Owusu- Bempah
Cover of the book An Economic History of West Africa by Abenaa Owusu- Bempah
Cover of the book Contemporary Literature: The Basics by Abenaa Owusu- Bempah
Cover of the book The Work of Professional Football by Abenaa Owusu- Bempah
Cover of the book Ritual, Emotion, Violence by Abenaa Owusu- Bempah
Cover of the book Historical Linguistics by Abenaa Owusu- Bempah
Cover of the book From Trauma to Healing by Abenaa Owusu- Bempah
Cover of the book Political Theory and the European Union by Abenaa Owusu- Bempah
Cover of the book The Teacher's Reflective Practice Handbook by Abenaa Owusu- Bempah
Cover of the book Fundamental Themes in Clinical Supervision by Abenaa Owusu- Bempah
Cover of the book Children's Development Within Social Context by Abenaa Owusu- Bempah
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy