The Integrity of Criminal Process: From Theory into Practice

by Jill Hunter (Editor), Paul Roberts (Editor), Simon N M Young (Editor), David Dixon (Editor)

Overview

Criminal proceedings, it is often now said, 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 16 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, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

Product Details

ISBN-13:	9781509926411
Publisher:	Bloomsbury Academic
Publication date:	12/27/2018
Pages:	448
Product dimensions:	6.69(w) x 9.61(h) x 0.90(d)

About the Author

Jill Hunter is Professor of Law, University of New South Wales.
Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham; and Adjunct Professor of Law, University of New South Wales & CUPL, Beijing.
Simon N M Young is Professor of Law, University of Hong Kong.
David Dixon is Professor of Law and Dean of the Faculty of Law, University of New South Wales.

Table of Contents

Acknowledgements v

List of Contributors ix

Table of Cases xi

Table of Legislation xxv

Table of Codes, Guidelines and Professional Standards xxxi

Table of International Instruments xxxv

Introduction: Re-examining Criminal Process Through the Lens of Integrity Paul Roberts Jill Hunter Simon NM Young David Dixon 1

1 A Public Law Conception of Integrity in the Criminal Process Simon NM Young 35

2 Searching for Integrity in Domestic Violence Policing Julie Stubbs 53

3 Integrity, Interrogation and Criminal Injustice David Dixon 75

4 Factory Farming and State-Induced Pleas Mike McConville Luke Marsh 99

5 Negotiating Justice with Integrity in New South Wales Nicholas Cowdery AM QC 117

6 The Integrity of Charging Decisions Jeremy Gans 137

7 Prosecutors Interviewing Witnesses: A Question of Integrity Paul Roberts 163

8 Integrity, Immunity and Accomplice Witness Testimony Michael I Jackson 199

9 Expert Evidence and the Responsibilities of Prosecutors Gary Edmond 225

10 Stays of Prosecution and Remedial Integrity Amanda Whitfort 247

11 Excluding Integrity? Revisiting Non-Consequentialist Justifications for Excluding Improperly Obtained Evidence in Criminal Trials Peter Chau 267

12 Unbecoming Jurors and Unreasoned Verdicts: Realising Integrity in the Jury Room John Jackson 281

13 Remorse and Demeanour in the Courtroom: Cognitive Science and the Evaluation of Contrition Susan A Bandes 309

14 Rape Law, Past Wrongs and Legal Fictions: Telling Law's Story with Integrity Jill Hunter 327

15 Against Innocence Charles D Weisselberg 349

16 Compensating Injustice: The Perils of the Innocence Discourse Carolyn Hoyle 371

Index 397