Obstacles to fairness in criminal proceedings : individual rights and institutional forms / edited by John D. Jackson and Sarah J. Summers.

Format:

Book

Contributor:

Jackson, John D., 1955- editor.

Summers, Sarah J., editor.

Language:

English

Subjects (All):

Criminal procedure (International law).

Due process of law.

Evidence, Criminal.

Fair trial.

Pre-trial procedure.

Physical Description:

1 online resource (331 pages)

Edition:

First edition.

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018.

Summary:

This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms - the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings

Contents:

The character of the right to a fair trial

Stefan Treschel

Autonomy and agency in American criminal process

David Alan Sklansky

Innocence, the burden of proof, and fairness in the criminal trial : revisiting Woolmington v DPP (1935)

Lindsy Farmer

The right of silence in England and Wales : sacred cow, sacrificial lamb, or Trojan horse?

Hannah Quirk

Seeking core fair trial standards across national boundaries : judicial impartiality, the prosecutorial role, and the right to counsel

John D. Jackson and Sarah J. Summers

The role of counsel in criminal proceedings

Wolfgang Wohlers

"Falling on deaf ears?" : looking for the Salduz Jurisprudence in Greece

Dimitrios Giannoulopoulos

Fairness and expediency in international criminal procedure

Kai Ambos

International criminal procedure and the false promise of an ideal model of fairness

Yvonne McDermott

Written records of statements and fairness

Nadja Capus

Regulating and limiting plea concessions : towards fairness in charge adjudication

Richard L. Lippke

A fair cop and a fair trial

Eric J. Miller

Rights-analysis in addressing pre-trial impropriety : an obstacle to fairness?

Kelly M. Pitcher

Fairness in criminal proceedings : concluding thoughts and further questions

R.A. Duff.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781782258384

1782258388

9781782258377

178225837X

9781782258360

1782258361

OCLC:

1008770990