Abuse of Process and Judicial Stays of Criminal Proceedings

By Andrew L.-T. Choo | Go to book overview

2
Prosecutorial Manipulation or Misuse of Process
In this chapter it is proposed to examine situations in which, in the words of the Divisional Court in R. v. Derby Crown Court, ex p. Brooks, 'the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair advantage of a technicality'.1
DOUBLE JEOPARDY
In very crude terms, the rule against double jeopardy seeks to prevent the reprosecution of someone who has already been prosecuted for the same matter. As will have been seen from the brief discussion in the preceding chapter of the decision of the House of Lords in Connelly v. DPP,2 doublejeopardy protection in English law is afforded not only by the pleas in bar (autrefois acquit and autrefois convict), but also by the judicial discretion to stay proceedings as an abuse of process. A further possible protection, the doctrine of issue estoppel, was held by the House of Lords in 1976 to be unavailable in English criminal law.3 It is now proposed to consider the rule against double jeopardy in greater detail, and, in particular, to consider the precise scope of the abuse of process discretion in the double-jeopardy context.
THE RATIONALE
In his monograph on Double Jeopardy, Professor M. L. Friedland regards4 the rationale for double-jeopardy protection as having been summed up in the following passage from the decision of the US Supreme Court in Green v. US:
The underlying idea, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not
____________________
1
( 1984) 80 Cr. App. R. 164, 168-9.
2
[ 1964] AC 1254.
3
DPP v. Humphrys [ 1977] AC 1.
4
M. L. Friedland, Double Jeopardy ( 1969), 4.

-16-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Abuse of Process and Judicial Stays of Criminal Proceedings
Table of contents

Table of contents

  • Title Page iii
  • General Editor's Introduction vii
  • Preface ix
  • Addendum xi
  • Contents xiii
  • Table of Cases xv
  • Table of Statutory Material xxix
  • 1 - The Abuse of Process Discretion and Criminal Justice 1
  • 2 - Prosecutorial Manipulation or Misuse of Process 16
  • 3 - Delay 47
  • 4 - Police Impropriety at the Investigatory Stage 78
  • 5 - Procedural Issues 119
  • 6 - Entrapment 148
  • 7 - Conclusion: Rationalization and Reform 182
  • Bibliography 188
  • Index 205
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 207

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.