Requirements for the offender to actively take part in the English criminal procedure have actually been increasing recently such that the accused can now be punished for their non-cooperation. This book checks out the modifications to the accused’s function as an individual in the criminal procedure and the implications of punishing an accused’s non-cooperation, especially its impact on the adversarial system.
The book establishes a normative theory which proposes that the criminal procedure needs to run as a system for calling the state to represent its allegations and ask for main condemnation and penalty of the implicated.
It goes on to analyze the restrictions put on the opportunity versus self-incrimination, the curtailment of the right to silence, and the accused’s task to divulge the information of his/her case prior to trial.
The book reveals that, by positioning participatory requirements on offenders and punishing them for their non-cooperation, a system of required involvement has actually established. This advancement is the repercussion of pursuing effective fact-finding with little regard for concepts of fairness or the rights of the accused.
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