This book is about the judicial discretion to stay criminal proceedings, and is the first full-length monograph to be published in England on the topic. It presents a fresh perspective on the discretion under consideration by setting the discretion against the general backdrop of the law of criminal evidence. In recent times, a number of evidence scholars have demonstrated persuasively that every exclusionary rule and exclusionary discretion in the law of criminal evidence can be explained by reference to the protection of the innocent from wrongful conviction and/or the protection of the moral integrity of the criminal process. It is demonstrated in this book that the judicial discretion to stay criminal proceedings can, and should, be viewed in the same way. A comparative perspective is adopted where appropriate, with particular reference being made to the jurisdictions of Canada, Australia, New Zealand, Ireland, and the United States.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

This work comprehensively addresses the issues arising in the context of multiple proceedings before investment treaty tribunals, proposing a systematic approach to applicable coordination mechanisms based on a methodical review of international investment agreements, arbitration rules, arbitral decisions, and legal commentary.

Detailed historical account of the earlier known abuses of legal procedure

Setting out the whole spectrum of circumstances where abuse of process is litigated in criminal law, barrister David Young and his co-authors use their wealth of experience in the UK and international courts to identify and describe the many different strands of the abuse jurisdiction. The authors provide you with a thorough understanding of the different forms of abuse of process, in areas such as lost evidence, delay, abuse of executive power, entrapment, extradition, double jeopardy and breach of promise. Additionally, the new edition features the first published chapter on abuse of process in International criminal proceedings, for those working in international criminal law. This Fifth Edition is updated to include: - New case law on prosecution disclosure failings in the context of abuse of process, and the courts approach to unavailable evidence in R v PR, Hamilton v PO, and R v E - An Entrapment chapter analysing the Syed (Haroon) decision on ECHR jurisprudence post Looseley, and the potential for abuse of process in cases of private entrapment - Abuse of power by the Executive's key Norman decision which sets out the law comprehensively - The developing abuse case law on private prosecutions, reviewing cases where prosecutors may hold improper motives for bringing private prosecutions - Detailed analysis of the abuse jurisdiction in extradition proceedings in Jasvins v General Prosecutor's Office Latvia - New Guidance on challenging interlocutory decisions by judicial review in Parashar, and analysis of R v Asiedu on defence appeals following guilty pleas - The revised Attorney General's Guidelines on Disclosure 2020 and the CPIA Code of Practice

Abuse of Process in Criminal Proceedings, 4th edition is the essential practitioner's guide to all areas of the law relating to abuse of process in criminal law – including delay, breach of promise, non-disclosure, the destruction of evidence, entrapment, abuses of executive power, and extradition. Both learned and immensely practical, this book provides a thought-provoking analysis of underlying issues and will help you to quickly assimilate and understand the evolving case law on different aspects of abuse of process. The fourth edition has been completely updated to cover: The re-defining of abuse of process by the Warren and Maxwell decisions in the Supreme Court and Privy Council; The Court of Appeal's approach to the new double jeopardy exemption cases in the decisions of Dobson, Celaire and Khatkar; The Downey decision in relation to breach of promise and; many more updates.

Baseless lawsuits encourage the notion that individuals can engage in risky behavior, then force someone else to pay for their mistakes. That's the premise underlying litigation against manufacturers of cigarettes, guns, lead paint, fatty foods, and alcoholic beverages." "Meanwhile, our antitrust laws have been co-opted by frustrated competitors who curry favor with bureaucrats to attack market leaders such as Microsoft. In effect, antitrust is now a subsidy used to promote the parochial interests of politically favored companies." In Shakedown, Robert A. Levy uncovers the worst abuses of a judicial system run amok, then offers concrete proposals to fix the problems.