Oxford Index Search Results

You are looking at 1-20 of 456 items for:

Decision-making process x Law x Criminal Law x clear all

Decision-making process

Overview page. Subjects: Law.

The making of a judicial decision cannot be delegated or transferred. Each Justice must make a decision in his or her own way. A tentative view can be, and often ...

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A ‘Decision Science’ Perspective on the Old and New Sentencing Guidelines in England and Wales

Mandeep K Dhami.

in Sentencing Guidelines

July 2013; p ublished online September 2013 .

Chapter. Subjects: Criminal Law. 7694 words.

The field of decision science has shown that decision-making can be aided by guidance that overcomes constraints of the human mind, and simplifies and clarifies the decision task. Making...

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The Definitive Guideline on Assault Offences

Neil Hutton.

in Sentencing Guidelines

July 2013; p ublished online September 2013 .

Chapter. Subjects: Criminal Law. 8571 words.

The chapter examines the ways in which sentencing decision making is defined and justified in the definitive guideline on assault offences issued by the Sentencing Council for England and...

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Procedural Roles

Valerie P. Hans and Rebecca K. Helm.

in The Oxford Handbook of Criminal Process

April 2019; p ublished online February 2019 .

Article. Subjects: Criminal Law. 9930 words.

This chapter examines the procedural roles of professional judges, lay judges, and lay jurors in criminal adjudication. It considers the relationships between each actor and other...

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Sartre and the Phenomenological Gaze

in Language of the Gun

February 2006; p ublished online March 2013 .

Chapter. Subjects: Criminal Law. 6296 words.

This chapter begins with an analysis of the phenomenological approach embodied in the work of Jean-Paul Sartre. Sartre's play Les mains sales offers an illustration of this approach. It...

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Guiding Judicial Discretion: Extralegal Punishment Factors

Paul H. Robinson.

in Intuitions of Justice and the Utility of Desert

April 2013; p ublished online September 2013 .

Chapter. Subjects: Criminal Law. 18854 words.

The criminal law's formal criteria for assessing punishment are typically contained in criminal codes, the rules of which fix an offender's liability and the grade of the offense. A look at...

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Criminal law process

Jeremy Horder.

in Ashworth’s Principles of Criminal Law

May 2016; p ublished online September 2016 .

Chapter. Subjects: Criminal Law. 11902 words.

This Chapter discusses the process of criminal law. The focus is on the importance of the exercise of official discretion, on the criminal law in action, and on the role of bureaucracy in...

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Criminal law process

Jeremy Horder.

in Ashworth's Principles of Criminal Law

May 2019; p ublished online September 2019 .

Chapter. Subjects: Criminal Law. 11858 words.

This chapter discusses the process of criminal law. The focus is on the importance of the exercise of official discretion, on the criminal law in action, and on the role of bureaucracy in...

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Constructing Cases with Science

MIKE REDMAYNE.

in Expert Evidence and Criminal Justice

March 2001; p ublished online January 2010 .

Chapter. Subjects: Criminal Law. 16945 words.

This chapter examines the potential of forensic science to contribute to the promotion of accurate decision-making. It evaluates some detail at how forensic science is employed in police...

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Victim Rights in Civil Law Jurisdictions

Johanna Göhler.

in The Oxford Handbook of Criminal Process

April 2019; p ublished online February 2019 .

Article. Subjects: Criminal Law. 10906 words.

This chapter discusses the issue of victim rights in criminal justice processes in civil law jurisdictions, using supranationally applicable European Union law on victim rights as well as...

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Prosecutors and the Victims of Crime

Angela J. Davis.

in Arbitrary Justice

April 2009; p ublished online March 2012 .

Chapter. Subjects: Criminal Law. 6613 words.

This chapter explores the following questions: Do crime victims influence the exercise of prosecutorial discretion in ways that produce unfair results for defendants? Does the exercise of...

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Playing ‘Little Brother’

Benjamin J. Goold.

in CCTV and Policing

February 2004; p ublished online March 2012 .

Chapter. Subjects: Criminal Law. 8057 words.

This chapter examines how CCTV came to be installed in each of the six towns in Britain covered by the book, as well as the role played by the police in the decision-making processes that...

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Republic of Singapore

Daniel Pascoe.

in Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases

March 2019; p ublished online April 2019 .

Chapter. Subjects: Criminal Law. 11006 words.

Against the jurisdiction with the highest rate of capital clemency from 1991 to 2016 (Thailand), Chapter 4 juxtaposes the jurisdiction with the lowest (Singapore). Here, a mere 0.6 per cent...

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Movements from ‘Normal Location’

Richard Sparks, Anthony Bottoms and Will Hay.

in Prisons and the Problem of Order

June 1996; p ublished online March 2012 .

Chapter. Subjects: Criminal Law. 13780 words.

Relocation of prisoners to a ‘normal location’ is viewed as an administrative tool to produce ‘order’ taking into account the various controversies and disagreements produced by such...

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The Power to Charge

Angela J. Davis.

in Arbitrary Justice

April 2009; p ublished online March 2012 .

Chapter. Subjects: Criminal Law. 9236 words.

This chapter describes prosecutorial discretion in the issue and practice of charging that can apply to both state and federal prosecutors. Although the prosecutor in Daniel Ware's case...

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Guilty Minds

Anne C. Dailey.

in Law and the Unconscious

November 2017; p ublished online May 2018 .

Chapter. Subjects: Criminal Law. 9039 words.

This chapter examines the puzzling question of why an otherwise rational person would voluntarily confess to a crime, knowing full well that the state will punish in return. Even more...

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The Psychoanalytic Tradition in American Law

Anne C. Dailey.

in Law and the Unconscious

November 2017; p ublished online May 2018 .

Chapter. Subjects: Criminal Law. 13440 words.

This chapter surveys the long and important tradition of law and psychoanalysis in the United States beginning with the work of Oliver Wendell Holmes, Jr., up to the mid-twentieth century....

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Triage: The Application Screening Process

Carolyn Hoyle and Mai Sato.

in Reasons to Doubt

January 2019; p ublished online March 2019 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 16181 words.

This chapter examines how the Criminal Cases Review Commission makes sense of approximately 1,400 applications it receives each year, focusing on the mechanisms that are in place for stage...

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Managing Efficiency and Thoroughness in Case Review

Carolyn Hoyle and Mai Sato.

in Reasons to Doubt

January 2019; p ublished online March 2019 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 15080 words.

This chapter examines the Criminal Cases Review Commission's decision-making process through the lens of efficiency and thoroughness. It first considers the ‘sense-making’ process of...

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Discretion

Frank Meyer.

in The Oxford Handbook of Criminal Law

November 2014; p ublished online March 2015 .

Article. Subjects: Law; Criminal Law. 11331 words.

This chapter focuses on the contemporary uses of discretion in the criminal process. It begins by identifying and categorizing manifestations of discretionary decision-making as part of...

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The Confirmation of Charges Procedure at the International Criminal Court

Volker Nerlich.

in Journal of International Criminal Justice

December 2012; p ublished online October 2012 .

Journal Article. Subjects: Criminal Law; International Law. 8953 words.

The confirmation of charges procedure at the International Criminal Court has no direct predecessor in either international or domestic criminal jurisdictions. The present article seeks to...