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Criminal Disclosure Referencer (Criminal Practice Series)
by Shahida Begum Mr Tom Wainwright Ms Emma FennThe Criminal Disclosure Referencer provides practitioners with a user-friendly guide to the law and practice relating to the disclosure of unused material.This text follows the disclosure process chronologically, drawing together all the relevant legislation, codes, guidelines, rules, protocols, and case law in a comprehensive manner.The Third Edition covers guidance and codes which have recently been published or updated, including:- Criminal Procedure Rules 2020 - CPIA Code of Practice (in effect from 31 December 2020) - Crown Prosecution Service Disclosure Manual (refreshed 14 July 2022)- Attorney General's Guidelines on Disclosure 2024- Protocol on Disclosure between Family and Criminal Jurisdictions 2024Key cases on disclosure are also addressed, including: - R v Syed [2019] 1 Cr App R 21: Compatibility of disclosure regime with Article 6 of the European Convention on Human Rights - R v Duarte [2020] 1 Cr App R 11: Use of defence statements at trial - R v CB; R v Mohammed [2020] 2 Cr App R 20: Disclosure of complainant's mobile phone records With the role of proper disclosure in avoiding miscarriages of justice being highlighted and voluminous electronic material making the process more complex, this practical guide assists parties to the criminal justice system in remaining fully up to date with their obligations.
Criminal Dismemberment: Forensic and Investigative Analysis
by Sue Black Guy Rutty Sarah V. Hainsworth Grant ThomsonCriminal Dismemberment is the first book to examine dismemberment as a phenomenon in the context of criminal acts. While the number of such dismemberment cases in any given country is often small, the notion of dismemberment captures the imagination, often leading many to question the motivations as to why anyone would perpetrate such an unnatural act. The act of dismemberment, in its original form, referred to cutting, tearing, pulling, wrenching or otherwise separating the limbs from a living being as a form a capital punishment. In today’s society, it has become associated most frequently with the criminal act of sectioning the remains of the dead in an attempt to conceal the death and dispose of the remains or make the process of identification of the deceased more difficult to achieve. Drawing on expertise from leading forensic anthropologists, pathologists, and forensic materials engineers, the book brings together much of the literature on criminal dismemberment—viewing it from the investigative, forensic, and social science perspectives. Key features include: Psychological analysis of the perpetrator Detailed examination of case studies, anonymized from recent investigations Difficulties encountered in a dismemberment investigation Tool mark analysis, including knives and saws, accompanied by over 120 detailed, full-color illustrations and photographs Serves as a unique and useful resource in the investigation of dismembered human remains The diverse backgrounds of the contributors offers a thorough account of such topics as the history of dismemberment, the forensic pathology in such cases, the importance of developing a common vocabulary in terminology used, the legal admissibility in dismemberment cases. As such, Criminal Dismemberment will serve as a comprehensive reference for students and practitioners alike.
Criminal Dismemberment: Forensic and Investigative Analysis
by Sue Black Guy Rutty Sarah V. Hainsworth Grant ThomsonCriminal Dismemberment is the first book to examine dismemberment as a phenomenon in the context of criminal acts. While the number of such dismemberment cases in any given country is often small, the notion of dismemberment captures the imagination, often leading many to question the motivations as to why anyone would perpetrate such an unnatural act. The act of dismemberment, in its original form, referred to cutting, tearing, pulling, wrenching or otherwise separating the limbs from a living being as a form a capital punishment. In today’s society, it has become associated most frequently with the criminal act of sectioning the remains of the dead in an attempt to conceal the death and dispose of the remains or make the process of identification of the deceased more difficult to achieve. Drawing on expertise from leading forensic anthropologists, pathologists, and forensic materials engineers, the book brings together much of the literature on criminal dismemberment—viewing it from the investigative, forensic, and social science perspectives. Key features include: Psychological analysis of the perpetrator Detailed examination of case studies, anonymized from recent investigations Difficulties encountered in a dismemberment investigation Tool mark analysis, including knives and saws, accompanied by over 120 detailed, full-color illustrations and photographs Serves as a unique and useful resource in the investigation of dismembered human remains The diverse backgrounds of the contributors offers a thorough account of such topics as the history of dismemberment, the forensic pathology in such cases, the importance of developing a common vocabulary in terminology used, the legal admissibility in dismemberment cases. As such, Criminal Dismemberment will serve as a comprehensive reference for students and practitioners alike.
Criminal Dissent: Prosecutions under the Alien and Sedition Acts of 1798
by Wendell BirdThe prosecution of dissent under the Alien and Sedition Acts affected far more people than previously realized. It also provoked the first battle over the Bill of Rights. Wendell Bird provides the definitive account of a dark moment in U.S. history, reminding us that expressive freedom and opposition politics are essential to a stable democracy.
Criminal Evidence
by Jefferson L. IngramIn addition to covering the basics of collecting, preserving and presenting evidence, Criminal Evidence, 12th edition, presents the latest developments in the law of evidence that are of interest to criminal justice personnel. Highlights include: chapter outlines, lists of key terms and concepts for each chapter, a glossary, and new, up-to-date cases in Part II. Thoroughly revised, updated, and streamlined to include recent case law on evidence Each chapter includes outlines, key terms and concepts, and review questions to aid understanding Appendices include a helpful glossary; Federal Rules of Evidence as amended and effective through December 1, 2013; Table of Jurisdictions That Have Adopted Some System of Uniform Rules for Regulating the Admission and Exclusion of Evidence through 2014; and Table of Contents of the Uniform Rules of Evidence with 2005 Amendments
Criminal Evidence
by Jefferson L. IngramIn addition to covering the basics of collecting, preserving and presenting evidence, Criminal Evidence, 12th edition, presents the latest developments in the law of evidence that are of interest to criminal justice personnel. Highlights include: chapter outlines, lists of key terms and concepts for each chapter, a glossary, and new, up-to-date cases in Part II. Thoroughly revised, updated, and streamlined to include recent case law on evidence Each chapter includes outlines, key terms and concepts, and review questions to aid understanding Appendices include a helpful glossary; Federal Rules of Evidence as amended and effective through December 1, 2013; Table of Jurisdictions That Have Adopted Some System of Uniform Rules for Regulating the Admission and Exclusion of Evidence through 2014; and Table of Contents of the Uniform Rules of Evidence with 2005 Amendments
Criminal Evidence
by Jefferson L. IngramCriminal Evidence is a respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. The first half of this book follows the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in criminal court. The second half provides a selection of relevant criminal court cases that reinforce these basics and contextualize how these rules are currently practiced. This text offers readers a practical understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. Part of the John C. Klotter Justice Administration Legal Series, this thirteenth edition provides many updates, including new references to recent Supreme Court cases, such as the decision on same-sex marriage, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms and concepts lists, a table of cases cited, and online case study questions and glossary. Teacher resources include an instructor’s guide, test bank, and PowerPoint slides.
Criminal Evidence
by Jefferson L. IngramCriminal Evidence is a respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. The first half of this book follows the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in criminal court. The second half provides a selection of relevant criminal court cases that reinforce these basics and contextualize how these rules are currently practiced. This text offers readers a practical understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. Part of the John C. Klotter Justice Administration Legal Series, this thirteenth edition provides many updates, including new references to recent Supreme Court cases, such as the decision on same-sex marriage, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms and concepts lists, a table of cases cited, and online case study questions and glossary. Teacher resources include an instructor’s guide, test bank, and PowerPoint slides.
Criminal Evidence
by Jefferson L. IngramCriminal Evidence is a well-respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. Part I of this book generally follows the order and logic of the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in a criminal court proceeding. Part II provides a selection of edited, relevant criminal court cases that reinforce these basics and provide the context of how these rules are currently practiced. Readers gain an understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. This 14th Edition provides many updates, new references to recent Supreme Court cases, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms, concepts lists, a glossary, a table of cases cited, and online case study questions. Teacher resources include an Instructor’s Guide, test bank, and PowerPoint slides. Updated with all the newest relevant law, this book is appropriate for undergraduate students in criminal evidence and related courses.
Criminal Evidence
by Jefferson L. IngramCriminal Evidence is a well-respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. Part I of this book generally follows the order and logic of the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in a criminal court proceeding. Part II provides a selection of edited, relevant criminal court cases that reinforce these basics and provide the context of how these rules are currently practiced. Readers gain an understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. This 14th Edition provides many updates, new references to recent Supreme Court cases, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms, concepts lists, a glossary, a table of cases cited, and online case study questions. Teacher resources include an Instructor’s Guide, test bank, and PowerPoint slides. Updated with all the newest relevant law, this book is appropriate for undergraduate students in criminal evidence and related courses.
Criminal Evidence And Human Rights: Reimagining Common Law Procedural Traditions
by Paul Roberts Jill HunterCriminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Criminal Evidence And Human Rights: Reimagining Common Law Procedural Traditions (PDF)
by Paul Roberts Jill HunterCriminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions
by Paul Roberts Jill HunterCriminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights.This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions
by Paul Roberts Jill HunterCriminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights.This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Criminal Evidence (PDF)
by Paul Roberts Adrian ZuckermanCriminal Evidence presents a critical commentary on the rules and principles regulating the admissibility of evidence and the processes of fact-finding in English criminal trials. The existing legal rules and their underlying values are fully contextualised and evaluated, and opportunities for reform are systematically examined. Practical issues of inference and fact-finding are covered in detail, as are the moral and political foundations of evidentiary rules. Theoretical and doctrinal innovation in the presumption of innocence, privilege against self-incrimination, improperly obtained evidence, witness examination, hearsay, character, and the law of corroboration are considered, taking full account of the statutory reforms of the Criminal Justice Act 2003 and subsequent case law. As a contribution to procedural scholarship, Criminal Evidence presents a distinctive vision and stakes out new territory in the law of evidence and proof. Highly engaging, stimulating and provocative, Criminal Evidence provides the ideal text for any student who wishes to gain a detailed understanding of the principles that underlie the law of criminal procedure and evidence. It also provides a valuable source of analysis and commentary for legal practitioners and scholars specializing in criminal litigation, and contributes towards a critical evaluation of recent statutory reforms and their judicial interpretation.
Criminal Fair Trial Rights: Article 6 of the European Convention on Human Rights (Criminal Law Library)
by Ryan GossThe Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law.The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.
Criminal Fair Trial Rights: Article 6 of the European Convention on Human Rights (Criminal Law Library #11)
by Ryan GossThe Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law.The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.
The Criminal Finances Act 2017
by Jonathan S Fisher Anita CliffordThe Criminal Finances Act 2017 introduced the most radical change to tackling money laundering and corruption, recovering the proceeds of crime and counter terrorist financing, since the Proceeds of Crime Act was passed in 2002. This book will provide an excellent commentary on the changes introduced by the Act, with practical insights and an explanation of the Act’s provisions. Topics included are: money laundering; unexplained wealth orders; terrorist property; tax evasion; and reasonable prevention procedures. Authored by Jonathan Fisher QC and Anita Clifford, barristers specializing in proceeds of crime and financial crime cases, this book will be of great interest and importance to all legal professionals working in the financial sector.
The Criminal Finances Act 2017
by Jonathan S Fisher Anita CliffordThe Criminal Finances Act 2017 introduced the most radical change to tackling money laundering and corruption, recovering the proceeds of crime and counter terrorist financing, since the Proceeds of Crime Act was passed in 2002. This book will provide an excellent commentary on the changes introduced by the Act, with practical insights and an explanation of the Act’s provisions. Topics included are: money laundering; unexplained wealth orders; terrorist property; tax evasion; and reasonable prevention procedures. Authored by Jonathan Fisher QC and Anita Clifford, barristers specializing in proceeds of crime and financial crime cases, this book will be of great interest and importance to all legal professionals working in the financial sector.
Criminal Financial Investigations: The Use of Forensic Accounting Techniques and Indirect Methods of Proof, Second Edition
by Dale JuneUnderstanding the financial motivations behind white collar crime is often the key to the apprehension and successful prosecution of these individuals. Now in its second edition, Criminal Financial Investigations: The Use of Forensic Accounting Techniques and Indirect Methods of Proof provides direct instruction on the "how to" aspects of criminal
Criminal Fraud and Election Disinformation: Law and Politics (Oxford Monographs on Criminal Law and Justice)
by Jeremy HorderCriminal Fraud and Election Disinformation is about the state's approach to fraud and distortion of the truth in politics, especially during election campaigns. Deliberate mischaracterisation of political opponents and their policies has always been a part of politics; however, lying, dishonesty, and distortion of the facts remain morally wrong and have the potential to obstruct important political interests. For example, a false or misleading claim publicised about an election candidate may lead someone to lose an election that they might otherwise have won. So, does-and should-the law seek to provide protection from the risk of this happening, by directly prohibiting the making of false or misleading political claims, or by obliging internet platforms to censor such content? In attempting to answer this question, Jeremy Horder draws a key distinction between what is called 'political viewpoint' fraud and 'electoral participation' fraud. In the interests of protecting freedom of speech, false or misleading claims (disinformation) involving political viewpoint content should be tolerated, not only by the criminal law but also by the internet platforms which host political content. By contrast, in the interests of preserving the integrity of democratic electoral processes, disinformation involving electoral participation information should be prohibited by the criminal law and censored by internet platforms. This book explains how the criminal law in various jurisdictions frequently prohibits false or misleading political claims falling into both categories of disinformation, instead of concentrating on electoral participation fraud. By contract, the right response to political viewpoint disinformation is the provision of more information that challenges people to question their beliefs and prejudices.
Criminal Fraud and Election Disinformation: Law and Politics (Oxford Monographs on Criminal Law and Justice)
by Jeremy HorderCriminal Fraud and Election Disinformation is about the state's approach to fraud and distortion of the truth in politics, especially during election campaigns. Deliberate mischaracterisation of political opponents and their policies has always been a part of politics; however, lying, dishonesty, and distortion of the facts remain morally wrong and have the potential to obstruct important political interests. For example, a false or misleading claim publicised about an election candidate may lead someone to lose an election that they might otherwise have won. So, does-and should-the law seek to provide protection from the risk of this happening, by directly prohibiting the making of false or misleading political claims, or by obliging internet platforms to censor such content? In attempting to answer this question, Jeremy Horder draws a key distinction between what is called 'political viewpoint' fraud and 'electoral participation' fraud. In the interests of protecting freedom of speech, false or misleading claims (disinformation) involving political viewpoint content should be tolerated, not only by the criminal law but also by the internet platforms which host political content. By contrast, in the interests of preserving the integrity of democratic electoral processes, disinformation involving electoral participation information should be prohibited by the criminal law and censored by internet platforms. This book explains how the criminal law in various jurisdictions frequently prohibits false or misleading political claims falling into both categories of disinformation, instead of concentrating on electoral participation fraud. By contract, the right response to political viewpoint disinformation is the provision of more information that challenges people to question their beliefs and prejudices.
Criminal Injuries Compensation: State and Offender Compensation for Violent Crime
by David MiersThe 2012 Criminal Injuries Compensation Scheme (CICS) deals with some 33,000 applications for compensation each year. It has, since 1964, been one of the principal means by which the state aims to meet victims' expectations following an offence of violence, but it also displays a clear doctrinal effort to differentiate 'deserving' from 'undeserving' victims. Over much of the same period criminal courts and agencies have enjoyed powers to order offenders to pay compensation to their victims, most recently as an element of restorative justice. Split into two parts, Criminal Injuries Compensation is an authoritative analysis of the statutory provisions governing these various remedies. Part One, State Compensation, analyses the Scheme's defining provisions: what constitutes 'a criminal injury', what persons and injuries may be compensated, the rules governing the victim's own conduct and character, the assessment of the award, and the procedures governing applications, appeals and judicial review. Part Two, Offender Compensation, analyses the conditions under which a criminal court may make a compensation order as an element of its sentencing decision, concluding with the potential of restorative justice to deliver offender compensation to victims. The book also touches on the wider political and criminal justice context of compensation. Written and edited by an expert academic and practitioner team, Criminal Injuries Compensation is an essential text for all those with an interest in understanding the statutory, judicial and administrative rules that govern state and offender payment of compensation to victims of violent crime.
Criminal Injuries Compensation: State and Offender Compensation for Violent Crime
by David MiersThe 2012 Criminal Injuries Compensation Scheme (CICS) deals with some 33,000 applications for compensation each year. It has, since 1964, been one of the principal means by which the state aims to meet victims' expectations following an offence of violence, but it also displays a clear doctrinal effort to differentiate 'deserving' from 'undeserving' victims. Over much of the same period criminal courts and agencies have enjoyed powers to order offenders to pay compensation to their victims, most recently as an element of restorative justice. Split into two parts, Criminal Injuries Compensation is an authoritative analysis of the statutory provisions governing these various remedies. Part One, State Compensation, analyses the Scheme's defining provisions: what constitutes 'a criminal injury', what persons and injuries may be compensated, the rules governing the victim's own conduct and character, the assessment of the award, and the procedures governing applications, appeals and judicial review. Part Two, Offender Compensation, analyses the conditions under which a criminal court may make a compensation order as an element of its sentencing decision, concluding with the potential of restorative justice to deliver offender compensation to victims. The book also touches on the wider political and criminal justice context of compensation. Written and edited by an expert academic and practitioner team, Criminal Injuries Compensation is an essential text for all those with an interest in understanding the statutory, judicial and administrative rules that govern state and offender payment of compensation to victims of violent crime.
Criminal Injustice: An Evaluation of the Criminal Justice Process in Britain
by F. Belloni J. HodgsonBeginning with an exploration of the awful miscarriages which prompted the establishment of the Royal Commission on Criminal Justice, the authors examine the role played by institutions and legal factors within the criminal process. Tracking the shift from due process rhetoric to the 'new penology' of efficient risk management of suspect populations, they assess the impact of recent reforms such as curtailment of the right to silence; the removal of the right to jury trial; and the appeal process itself.