Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems

About

Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.

Table of contents

 

• Introduction — p. 1

 

• The Politics of Pre-trial Detention in the United Kingdom since 2000 — p. 13
  Kenneth O. MORGAN / King's College, London
• Preventative Interventions and the Right to Protest — p. 25
  Neil JARMAN / Institute for Conflict Research, Belfast
• Habeas, Hamdan and History: Separation of Powers and Pretrial Detention in Guantanamo Bay — p. 47
  Roy CARPENTER / University Lyon III, France
• Crime and Punishment in the 20th Century Brazilian War Navy: The Punishment of Rebellious and Insubordinate Seamen (the 1910 Revolt and the 1964 Rebellion) — p. 69
  Sivila CAPANEMA / University Paris Nord, France
• The Right to a Lawyer: The First of the Europeanisation of Procedural Guarantees in Pre-trial Detention — p. 93
  Marie MARTY / University of Luxembourg
• Police Custody in England and France: A Lawful Deprivation of Liberty? — p. 117
  Elizabeth GIBSON-MORGAN / University of Tours, France
• The Pre-trial Detention in the French and English Criminal Justice Systems: Towards a Balance between Security and Liberty — p. 135
  Akila TALEB / Special Tribunal for Lebanon
• The Functional Ambiguities of Pre-Trial Detention in France — p. 151
  Sacha RAOULT / University of Aix-Marseille, France
• Detention on Remand and the Presumption of Innocence Principle: The French Pattern of a Tricky Conciliation — p. 165
  Céline CHASSANG / University of Paris Ouest Nanterre, France
• Detention Centres in France and the United Kingdom and the Criminalisation of Migrants: The Reality of Access to Justice? — p. 181
  Géraldine GADBIN-GEORGE / University of Pantheon-Assas Paris II, France
• Immigration Detention in the UK: The Role of Oversight Mechanisms and Constricting Rules to Raise Standards — p. 207
  Catherine PUZZO / University of Toulouse II, France
• Translating Laws of Exception: The Case of Control Orders — p. 227
  Georges FOURNIER / University of Lyon III, France

 

• Contributors — p. 245

 

Référence

Marion Charret-Del Bove, Fabrice Mourlon (eds.) / Pre-trial detention in 20th and 21st century common law and civil law systems / Newcastle upon Tyne : Cambridge Scholars Publishing, 2014 / ISBN : 978-1-4438-5991-2 / vi-247 p.

Autre format :
ISBN : 978-1-4438-6184-7 (eBook)