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.
Table of Content
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
About the author
Tom Smith is a Senior Lecturer in Law, specialising in criminal justice and procedure, criminal defence lawyers, legal aid, pre-trial detention and disclosure. He teaches Organised Crime and Criminal Justice, Criminal Procedure and Punishment, and Sexual Offences and Offending. He has worked on domestic and cross-jurisdictional research projects examining pre-trial detention, effective defence work, and reporting on criminal courts; acted as an expert consultant on pre-trial detention in China; and published a number of articles in a range of literature including the Criminal Law Review and the International Journal of the Legal Profession.