Criminal Procedure and Punishment

This book provides a holistic overview of the English and Welsh system of criminal justice, from the earliest stages of investigation and arrest through to the punishment and release of offenders. Aimed at students, it examines not only the law and procedure of criminal justice and punishment, but underpinning theories and surrounding issues.

Criminal Procedure and Punishment provides a holistic overview of the English and Welsh system of criminal justice, from the earliest stages of arrest and investigation through to the punishment and release of offenders. Aimed at students, it examines not only the law and procedure of criminal justice and punishment, but also underpinning theories and surrounding issues.The book is suitable for courses on criminal law, criminal justice, penology and criminology.The book is divided into two linked parts. The first focuses on criminal procedure, including: the influence of adversarial and inquisitorial theory; the use (and misuse) of police powers; confessions and the right to silence; the trial process and fundamental fair trial rights; and sentencing. The second part focuses on punishment, including: discussion of its history; theoretical and philosophical arguments from scholars including Kant and Bentham; punishment in the modern era; and the prison crisis.Both parts link to common themes and issues, with connections drawn between the different stages of the process and their impact on each other. The book thus offers, through doctrinal and socio-legal methods, a contemporary and rounded approach to two constantly evolving and overlapping topics.New for this edition• Two new chapters: debates surrounding the use of the death penalty in England and Wales and abroad; and the impact of an offender’s imprisonment on the family unit.• Expanded discussions, new cases and topical developments in areas covered in existing chapters, including police stop and search in response to knife crime; responses to the problem of disclosure of evidence; and attempts to reform the use of police bail.As usual, the book closes with an exploration of future directions, and includes consideration of the potential influence and impact of the Spring 2020 Covid-19 crisis for the criminal justice system.

Theoretical Approaches to Criminal Procedure

Policing on the Street (1): Stop and Search

Policing on the Street (2): The Power of Arrest

In Police Custody (1): Detention and Charging

In Police Custody (2): Legal Advice and Interrogation

The Right to Silence

The Regulation of Confessions

‘Managing’ Criminal Procedure

The Criminal Court (in Theory)

The Criminal Court (in Practice)

Appeals

Theories of Punishment

Punishment in Practice: Custody and the Alternatives

The Ripple Effect of Imprisonment: The Impact on Families

Capital Punishment: Debates about Death as a Penalty for Crime

Miscarriages of Justice

Looking Forward? The Future of Criminal Procedure and Punishment