Defendant Participation in the Criminal Process

Abenaa Owusu- Bempah

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English

Routledge
18 October 2018

Society & culture: general; Crime & criminology; Criminology: legal aspects; Civil procedure: law of evidence; Criminal justice law

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system.

The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

By: Abenaa Owusu- Bempah
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 340g
ISBN: 9780367075545
ISBN 10: 0367075547
Pages: 200
Publication Date: 18 October 2018
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

1. Introduction: Participatory Requirements and Rights 2. The Aims and Values of the Criminal Process 3. Characterising Criminal Procedure 4. Defendant Participation 5. The Privilege Against Self-Incrimination 6. The Right to Silence 7. Disclosure 8. Participation and the Future of Criminal Procedure

Abenaa Owusu-Bempah is Lecturer in Law at City, University London.