Justice In-Between: A Study of Intermediate Criminal Verdicts (Oxford Monographs on Criminal Law and Justice)

Cover
Series
Justice In-Between
Copyright
Contents
List of Cases
Legislative Materials
Introduction
	1 Why study intermediate criminal verdicts?
	2 A terminological note: what is a criminal verdict and what do I mean by it?
	3 An overview of the book
	1. Intermediate Verdicts are not a Fanciful Construct
	1.1 Introduction
	1.2 Intermediate verdicts in the ius commune criminal trial
	1.3 The Italian acquittal ‘per insufficienza di prove’ in the 1930 Code of Criminal Procedure
	1.4 The Scottish ‘not proven’ verdict
	1.5 Concluding remarks
	2. The Presumption of Innocence: A Decisive Objection to Intermediate Verdicts?
	2.1 Introduction
	2.2 The argument for incompatibility
	2.3 The presumption of innocence and the allocation of the burden of proof
	2.4 The presumption of innocence and the treatment of the defendant
	2.5 Reassessing the argument for incompatibility
	2.6 Concluding remarks
	3. Acquittal vs Conviction: We can all be Expected-​Value Maximisers in this Choice
	3.1 Introduction
	3.2 A clarification of the claim and an overview of my defence
	3.3 Consequentialist vs deontological theories of punishment
	3.4 Deontological restrictions and permissions about punishment
	3.5 The role of restrictions and permissions in adjudication
	3.6 Different theories of punishment, different value functions
	3.7 Concluding remarks
	4. The Decision-​Theoretic Case for Intermediate Criminal Verdicts
	4.1 Introduction
	4.2 The decision-​theoretic argument for the selection of the standard of proof in a binary system
	4.3 The superiority condition
	4.4 Understanding the superiority condition
	4.5 Conditional acquittal as a superior intermediate verdict
	4.6 Acquittal, retrial, and double jeopardy
	4.7 Concluding remarks
	5. A Battery of Objections
	5.1 Introduction
	5.2 Not all cases are alike
	5.3 Effects not registered in the decision-​theoretic justification
	5.4 Can the decision-​theoretic model be implemented?
	5.5 Existing equivalent devices
	5.6 Are intermediate verdicts a ‘cop-​out’?
	5.7 Concluding remarks
	6. Conclusion
Appendix
Bibliography
Index