The trial on trial Volume 3 Towards a normative theory of the criminal law edited by Antony Duff ... [and others].

Format:

Book

Contributor:

Duff, Antony, editor.

Series:

The Trial on Trial ; volume 3.

The Trial on Trial ; volume 3

Language:

English

Subjects (All):

Trials--Great Britain.

Trials.

Criminal procedure--Great Britain.

Criminal procedure.

Fair trial--Great Britain.

Fair trial.

Trials--Philosophy.

Physical Description:

1 online resource (viii, 344 pages)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2007.

Language Note:

English

Summary:

The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments. This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora

Contents:

1. Introduction: Regulating Relationships?

Part 1: Who is Kin and What Does it Mean to be Kin in Contemporary British Society?

2. 'Close Marriage' in the Nineteenth and Twentieth Century Middle Strata

3. Status Anxiety? The Rush for Family Recognition

4. DNA Testing and Kinship: Paternity, Genealogy and the Search for the 'Truth' of Genetic Origins

Part 2: Kin Care of Children and Adolescents

5. Children and Their Changing Families: Obligations, Responsibilities, and Benefits

6. Substitute Care of Children by Members of Their Extended Families and Social Networks: An Overview

7. Recognising Carers for What They Do-Legal Problems and Solutions for the Kinship Care of Children

8. Restorative Practices: Repairing Harm through Kith and Kin

Part 3: Kin Contact and Care of Elderly People

9. Gender and Kinship in Contemporary Britain

10. Kin Availability, Contact and Support Exchanges Between Adult

11. Maintenance of the Elderly and Legal Signalling-Kinship and State

Part 4: Migrant Communities and Transnational Kinship

12. The Impact of Migration on Care: The Iranian Experience

13. Family Care and Transnational Kinship: British-Pakistani Experiences

14. Kinship, Infertility and New Reproductive Technologies: A British-Pakistani Muslim Perspective

Afterword

15. Kinship as 'Family' in Contemporary Britain

Notes:

"Central to the project are two sets of workshops: one on Truth and due process, held in 2003, which produced the papers for this collection; the other on Judgement and calling to account, to be held in 2004, which will produce a matching collection of papers."--T.p. verso, v.1.

Includes bibliographical references and index

ISBN:

9786611357344

9781472564153

1472564154

9781281357182

1281357189

9781847313881

1847313884

OCLC:

232956533