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Fairness in Criminal Justice Sian Elias

Fairness in Criminal Justice By Sian Elias

Fairness in Criminal Justice by Sian Elias


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Summary

Chief Justice of New Zealand, Dame Sian Elias examines whether changes which many jurisdictions across the Commonwealth are currently making to the criminal justice system present a risk to the integrity of the system, fundamental human rights and the rule of law.

Fairness in Criminal Justice Summary

Fairness in Criminal Justice: Golden Threads and Pragmatic Patches by Sian Elias

British criminal justice is a principal legacy of Empire in the common law world. It attempts fairness between prosecutors and accused in an accusatory system for establishing criminal responsibility supervised by a judge who is conspicuously detached from the fray. Fundamental features, today recognised as human rights, include the presumption of innocence and onus of proof, the privilege against self-incrimination, and the right to legal advice and representation. In these lectures, Dame Sian Elias examines modern challenges to this conception of criminal justice prompted by anxiety about crime and the costs and delays in proof of guilt. They include enlarged prosecutorial discretion in charging, incentivisation of early guilty pleas, adoption of reverse onuses of proof, application to criminal proceedings of principles of modern civil case management, and measures to bring the victim into the criminal justice system. The lectures question whether this repositioning risks the integrity of the system.

About Sian Elias

Sian Elias has been Chief Justice of New Zealand since 1999. Educated in New Zealand and the United States, she has practised law since 1972. She was appointed Queen's Counsel in 1988 and has held the position of Law Commissioner. She was appointed a High Court Judge in 1995 and was awarded the New Zealand Order of Merit in 1999. Dame Sian became a member of the New Zealand Supreme Court on its establishment in 2004.

Table of Contents

1. 'Fair and just?'; 2. Righting criminal justice; 3. 'The most important of all judicial functions'.

Additional information

NPB9781108474351
9781108474351
1108474357
Fairness in Criminal Justice: Golden Threads and Pragmatic Patches by Sian Elias
New
Hardback
Cambridge University Press
2018-08-23
184
N/A
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