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contents introduction to the english criminal process 1 Key stages in decision making 2 Distinguishing types of decision 8 Reforms of the criminal process 9 Process and system 16 towards a framework for evaluation 19 A theory of criminal process 19 Internal and external values 26 Fundamental rights and the European Convention 28 Evaluating the criminal process 37 Developing the rights perspective: the State and victims 48 Dispositive values 52 Conclusion 55 ethics, conflicts and conducts 59 Rules, roles and ethics 60 Identifying `unethical' practices 63 Understanding `unethical' behaviour 66 Justifying `unethical' behaviour by challenging the ethics 71 Discretion and accountability 75 Criminal justice reform through ethics 77 questioning 81 Questioning and confessions: psyschological research 83 The context of questioning 84 Interviews 93 Interviewing victims 99 Confessions in court 101 Conclusion 104 gathering evidence: reliability, privacy and bodily integrity 106 Stop and search 106 Surveillance 113 Eyewitness identification evidence 115 Voice identification 124 DNA samples 124 The privilege against self-incrimination 129 gatekeeping and diversion 138 Reporting and enforcing: the police 140 The range of formal responses 146 The police and selective enforcement 150 The role of prosecutors 159 Accountability 161 Values and principles 164 Conclusion 169 prosecutors 173 The Crown Prosecution Service 174 Evidential sufficiency 178 The public interest 184 CPS policies and their implementation 186 The role of the victim 199 Accountability 201 Prosecutional ethics 203 Conclusion 205 remands before trial 207 Remands, rights and risk 208 The law relating to remands 213 The treatment of unconvicted defendants 218 The treatment of victims and potential victims 224 Procedural justice and remand decisions 227 Equal treatment in remand decisions 230 Conclusions 232 pretrial issues: disclosures, delay and abuse of process 236 Filtering cases prior to trial 237 Pre-trial disclosure 238 Delay 249 Entrapment 260 plea 264 The rate of guilty pleas 266 Pleading not guilty 268 Charge bargains 269 Fact bargains 274 Plea bargains 275 Policies and principles 285 Conclusion 292 the trial 297 Modes of trial 297 Crown Court trial: judge and jury 312 The exclusion of unfairly and illegally obtained evidence 314 Other exclusionary rules of evidence 333 appeals 338 Restrictions on appeal rights 340 Challenging jury verdicts 344 Due process appeals 354 Post-appeal review of convictions: The Criminal Cases Review Commission 358 Prosecution appeals 360 Double jeopardy 364 criminal process values 369 The avoidance of criminal trials 369 The principled approach 375 Discrimination and non-discrimination 376 Promoting the principles 379 The criminal process of the future 382 Bibliography 385 Index 403
Library of Congress Subject Headings for this publication:
Criminal justice, Administration of -- Great Britain.
Criminal investigation -- Great Britain.
Sentences (Criminal procedure) -- Great Britain.