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Books on the topic 'Criminal defendant'

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Author: Grafiati

Published: 10 December 2022

Last updated: 29 January 2023

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1

Defendant Rights. Santa Barbara: ABC-CLIO, 2008.

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2

Institute, Pennsylvania Bar. Mental illness and the criminal defendant. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2012.

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3

Owusu- Bempah, Abenaa. Defendant Participation in the Criminal Process. New York, NY: Routledge, 2016.: Routledge, 2016. http://dx.doi.org/10.4324/9781315767857.

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4

Schrader, E. G. For the defendant. New York: Dorchester Pub., 2004.

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5

Commission, Great Britain Law. Criminal law: Evidence in criminal proceedings : previous misconduct of a defendant : a consultation paper. London [England]: H.M.S.O., 1996.

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6

Tague, Peter W. Effective advocacy for the criminal defendant: The barrister vs. the lawyer. Buffalo, N.Y: W.S. Hein, 1996.

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7

Mensem-Dongban, Monica Bolnaʼan. The defendant: A highlight of basic rights at a criminal trial. Jos, Nigeria: Matchers Pub., 1994.

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8

Edwards, Susan S. M. Women on trial: A study of the female suspect, defendant and offender in the criminal law and criminal justice system. Manchester: Manchester University Press, 1985.

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9

Xing shi bei gao ren dui zhi xun wen quan yan jiu: Research on the confrontation right of the crimimal defendant. Beijing Shi: Zhongguo zheng fa da xue chu ban she, 2012.

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10

Feld, Dennis B. Representing the mentally disabled criminal defendant: Post-admission proceedings and dispositions : a practi[ti]oner's handbook with forms. New York, N.Y: Office of Court Administration, 1986.

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11

1948-, Parry John, and Lichtenstein Elissa C, eds. Criminal responsibility and multiple personality defendants. Washington, DC: American Bar Association, 1997.

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12

Rainville, Gerard A. Juvenile felony defendants in criminal courts. Washington, D.C.]: U.S. Dept. of Justice, Office of Justice Programs, 2003.

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13

Strom, Kevin J. Juvenile felony defendants in criminal courts. [Washington, D.C.]: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics, 1998.

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14

K, Smith Steven, Snyder Howard N, and United States. Bureau of Justice Statistics, eds. Juvenile felony defendants in criminal courts. [Washington, D.C.]: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics, 1998.

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15

Strom, Kevin. Juvenile felony defendants in criminal courts. Washington, D.C: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics, 1998.

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16

Rainville, Gerard A. Juvenile felony defendants in criminal courts. [Washington, D.C.]: U.S. Dept. of Justice, Office of Justice Programs, 2003.

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17

Center, Indonesian Legal Resource. Supreme Court Rulling: Case number: 2239 K/PID.SUS/2012 against defendant Suwir Laut, alias Liu Che Sui, alias Atak in a criminal tax offences case (Asian Agri Group). Jakarta: Indonesian Legal Resource, 2014.

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18

Williamson, Richard A. Defending criminal cases in Virginia. 7th ed. [Charlottesville, Va.]: Virginia CLE Publications, 2005.

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19

Williamson, Richard A. Defending criminal cases in Virginia. 5th ed. [Charlottesville, Va.]: Committee on Continuing Legal Education of the Virginia Law Foundation, 1992.

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20

Williamson, Richard A. Defending criminal cases in Virginia. 6th ed. [Charlottesville, Va.]: Virginia CLE, Virginia Law Foundation, 1999.

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21

Lijo, Edmundo David. Foreign-born criminal defendants: Immigration issues for the criminal defense attorney. St. Paul, MN: Advanced Legal Education, Hamline University School of Law, 1989.

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22

Defending yourself against cops. Shippensburg, PA: Companion Press, 1993.

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23

Pennsylvania criminal law: Defendant's mental state. Charlottesville, Va: Michie Co., 1986.

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24

Brown, Michael H. The drug defendant's criminal defense bible. [United States?]: Lacome Pub., 2006.

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25

Bloom, Hy. Defending mentally disordered persons. Scarborough, Ont: Carswell, 1995.

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26

Messing, Paul. Police misconduct: Defending criminal cases in Pennsylvania. Mechanicsburg, Pennsylvania: PBI Press, Pennsylvania Bar Institute, 2012.

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27

Messing, Paul. Police misconduct: Defending criminal cases in Pennsylvania. Mechanicsburg, Pa: PBI Press, Pennsylvania Bar Institute, 2009.

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28

), Lawyers Committee for Human Rights (U S. Fairness to defendants at the International Criminal Court: Proposals to strengthen the draft statute and its protection of defendants' rights. New York, N.Y: Lawyers Committee for Human Rights, 1996.

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29

United States. Congress. House. Committee on the Judiciary. Expressing the sense of Congress that expert testimony concerning the nature and effect of domestic violence, including descriptions of the experiences of battered women, should be admissible when offered in a state court by a defendant in a criminal case: Report (to accompany H. Con. Res. 89). [Washington, D.C.?: U.S. G.P.O., 1992.

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30

New Zealand. Law Commission. Some criminal defences with particular reference to battered defendants. Wellington, N.Z: Law Commission, 2001.

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31

Kramer, Mary E. Immigration consequences of criminal activity: A guide to representing foreign-born defendants. 2nd ed. Washington, D.C: American Immigration Lawyers Association, 2005.

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32

Kramer, Mary E. Immigration consequences of criminal activity: A guide to representing foreign-born defendants. Washington, D.C: American Immigration Lawyers Association, 2003.

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33

Bempah, Abenaa Owusu. Defendant Participation in the Criminal Process. Taylor & Francis Group, 2016.

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34

Bempah, Abenaa Owusu. Defendant Participation in the Criminal Process. Taylor & Francis Group, 2018.

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35

Bempah, Abenaa Owusu. Defendant Participation in the Criminal Process. Taylor & Francis Group, 2016.

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36

Bempah, Abenaa Owusu. Defendant Participation in the Criminal Process. Taylor & Francis Group, 2016.

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37

Frierson, Richard L., and Shilpa Srinivasan. Evaluation of Elderly Persons in the Criminal Justice System. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374656.003.0020.

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The assessment of the elderly defendant presents a specific set of challenges in the forensic psychiatric evaluation process. In this special population, a neurocognitive disorder or the presence of cognitive, psychiatric, and behavioral symptoms can impair a defendant’s understanding of the legal system or their ability to work effectively with an attorney in the preparation of a defense. Therefore, assessments of capacity to stand trial may require special attention to the mental health conditions and symptoms more commonly seen in elderly persons, and the evaluation process may require modification to accurately assess this population and to rule out malingering. Unique challenges are also encountered in the evaluation of elderly defendants for criminal responsibility and in presentencing evaluations. This chapter provides an overview of these challenges and strategies to promote accurate evaluation of the elderly defendant.

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38

Hafemeister, Thomas. Criminal Trials and Mental Disorders. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479804856.001.0001.

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The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle like-cases in like-fashion, adhering to the proposition that the same rules and procedures should be employed regardless of a defendant’s wealth or poverty, social status, race, ethnicity, or gender. Yet, exceptions have been recognized when special circumstances are perceived to have driven a defendant’s behavior or are likely to skew the defendant’s trial. Examples include the right to act in self-defense and to be appointed an attorney if you cannot afford one. Another set of exceptions, but ones that are much more controversial, poorly articulated, and inconsistently applied, involves criminal defendants with a mental disorder. Some of these individuals are perceived to be less culpable, as well as less capable of exercising the rights all defendants retain within the justice system, more in need of mental health services than criminal prosecution, and warranting enhanced protections at trial. As a result, special rules and procedures have evolved over the centuries, often without fanfare and even today with little systematic examination, to be applied to cases involving defendants with a mental disorder. This book offers that systematic examination. It identifies the various stages of criminal justice proceedings when the mental status of a criminal defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, how they are currently resolved, and how forensic mental health assessments are conducted and employed during criminal proceedings.

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39

Butt, Simon, and Tim Lindsey. Criminal Procedure. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199677740.003.0011.

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This chapter discusses the criminal procedure laws applicable before a defendant is tried. It is intended to be read alongside Chapter 12, which covers criminal procedure during trials, appeals, post-conviction avenues (including clemency and parole), and potential reforms. This chapter outlines the rules in the Code of Criminal Procedure (KUHAP) relating to police arrest, detentions, and investigations, and the circumstances in which cases may proceed for prosecution. During these stages of the criminal process, suspects and defendants have various ‘on paper’ rights, including: to silence; legal assistance; and to challenge their arrest, detention, or being named a suspect. However, as this chapter shows, these rights are, in practice, routinely ignored.

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40

Fernando, Chantal, and Benjamin Claude Chelsea Hatfield. Seducing the Defendant. Audible Studios on Brilliance, 2018.

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41

Seducing the defendant. Gallery Books, 2017.

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42

Spencer, Maureen, and John Spencer. 4. Character of defendant. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715795.003.0004.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter concerns a complex question in criminal evidence: situations where defendants may adduce evidence of good character to suggest lack of guilt and support credibility, and those where prosecution counsel or counsel for the co-defendant may cross-examine them on previous ‘reprehensible’ behaviour. The exclusionary rule was fundamental to the English legal system and founded on the principle that the defendant should have a fair trial. The Criminal Justice Act (CJA) 2003 made comprehensive changes to the rules of admissibility of evidence of bad character of the defendant and witnesses providing that ‘the common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished’. There is now a presumption of admissibility of that evidence.

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43

Elberling, Bjö. Defendant in International Criminal Proceedings: Between Law and Historiography. Bloomsbury Publishing Plc, 2012.

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44

Finding the Truth with Criminal Investigation: Suspect, Subject, Defendant. Rowman & Littlefield Publishers, Incorporated, 2019.

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45

Herring, Jonathan. 11. Criminal Damage. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811817.003.0011.

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This chapter discusses the law and theory on criminal damage. Criminal damage involves the defendant intentionally or recklessly destroying or damaging property belonging to another. The defendant will have a defence if he or she was acting with a lawful excuse. Four criminal damage offences are found in the Criminal Damage Act 1971: basic criminal damage, arson, aggravated criminal damage, and aggravated arson. There is also an offence of racially aggravated criminal damage. The chapter also considers the Computer Misuse Act 1990, which was designed to protect information kept on computers.

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46

Keane, Adrian, and Paul McKeown. 18. Evidence of character: evidence of bad character in criminal cases. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811855.003.0018.

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This chapter discusses the admissibility of evidence of bad character in criminal cases under the Criminal Justice Act 2003, namely: the admissibility of the bad character of a person other than the defendant and the requirement of leave; the admissibility of evidence of the bad character of the defendant under various statutory ‘gateways’, including the gateway by which evidence may be admitted if it is relevant to an important matter in issue between the defendant and the prosecution; and safeguards including the discretion to exclude evidence of bad character and the judge’s power to stop a case where the evidence is contaminated. Procedural rules are also considered, as is the defendant’s right to challenge evidence of bad character.

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47

Wall, Barry W. Working with the Elderly Defendant through the Adjudicative Process. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374656.003.0025.

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As the U.S. population ages, there will be more cases of elder abuse, neglect, and financial exploitation and, consequently, an increase in elderly criminal defendants in the criminal justice system. Because elderly persons appear in criminal court most frequently as crime victims, understanding the problems and needs of the elderly defendant receives less attention. This chapter reviews the cognitive and psychological changes with normal aging, the heterogeneous nature of elderly defendants, and assumptions that law enforcement and court personnel may make when interacting with the elderly population. The chapter reviews the adjudicative process from the perspective of the elderly defendant, focusing on detention, mental competence to stand trial, physical competence to stand trial, discovery and trial. Controversies in adjudicating and sentencing elderly defendants are discussed, as well as the impact of the sharp rise in elderly offenders in prison. Accommodations for elderly defendants during the process of adjudication and the need for expert medical and mental health involvement are reviewed.

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48

The Defendant In International Criminal Proceedings Between Law And Historiography. Hart Publishing (UK), 2012.

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49

Kusha, Hamid R. Defendant Rights: A Reference Handbook (Contemporary World Issues). ABC-CLIO, 2004.

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50

Hannibal, Martin, and Lisa Mountford. 19. Character Evidence and the Accused as a Witness at Trial. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0019.

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This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; disclosure of a defendant’s past character; and arguments for and against the defendant giving evidence.

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