By Doreen J McBarnet

ISBN-10: 0333278976

ISBN-13: 9780333278970

ISBN-10: 1231241381

ISBN-13: 9781231241387

ISBN-10: 134905142X

ISBN-13: 9781349051427

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Extra resources for Conviction: Law, the State and the Construction of Justice

Example text

Understand? But, of course, the suspicion of involvement with a stolen television set might have had everything to do with the use of the holding charge and be absolutely relevant to the defendant's alleged innocence. The police may indeed drop both the holding charge and the other case so that the chance to raise the matter in court at all is denied unless the defendant takes out a suit for wrongful arrest. The Judges' Rules specify as an overriding principle and fundamental condition that only voluntary statements are admissible, with a veto on questioning after charge precisely in recogmtwn of the unreliability of 'confessions' in such circumstances.

Lafave and Remington's American study of the warrant system (I975) points to informal judicial laxness as the source of its ineffectiveness, but from these views expounded by a legal authority and a committee set up by the government and Crown Office and chaired by a High Court Judge, it would seem in the Scottish case to be formally endorsed common law and policy. Detaining someone is not then in general quite so hampered by controls as one might imagine from the rhetoric. Nor, more specifically, is detention for questioning.

He is clearly guilty of this charge. 38 CONVICTION The companion in question might, however, have been relieved that he had not intervened if he had heard the accused's mother's account of her night in jail charged with breach of the peace when she went to protest, or if he had witnessed Case 13: Policeman: One youth ran towards us saying 'What are you taking him in for? It's a fucking liberty. ' He was cautioned and charged with breach of the peace. In any case, the prosecutor's argument was only about the credibility of the accused not the legality of the arrest.

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Conviction: Law, the State and the Construction of Justice by Doreen J McBarnet


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