Criminal Fair Trial Rights

Author : Amal Clooney
Publisher : Oxford University Press, USA
ISBN 13 : 0198808399
Total Pages : 1057 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Author : Koen Vriend
Publisher : Springer
ISBN 13 : 9462651531
Total Pages : 284 pages
Book Rating : 4.31/5 ( download)

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Download or read book Avoiding a Full Criminal Trial written by Koen Vriend and published by Springer. This book was released on 2016-10-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness—as derived from ECtHR case law—is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.

Author : Sarah J Summers
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313752
Total Pages : 208 pages
Book Rating : 4.51/5 ( download)

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Download or read book Fair Trials written by Sarah J Summers and published by Bloomsbury Publishing. This book was released on 2007-08-10 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.

Author : DENG Hua
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480480
Total Pages : 4 pages
Book Rating : 4.81/5 ( download)

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Download or read book International Human Rights Law and the Advancement of the Right to a Fair Trial in China written by DENG Hua and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-08-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Amal Clooney
Publisher : Oxford University Press
ISBN 13 : 0192536087
Total Pages : 500 pages
Book Rating : 4.82/5 ( download)

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Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press. This book was released on 2021-02-11 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.

Author : Warren Freedman
Publisher : Praeger
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.66/5 ( download)

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Download or read book The Constitutional Right to a Speedy and Fair Criminal Trial written by Warren Freedman and published by Praeger. This book was released on 1989-01-20 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respected. Freedman begins with an introduction to the concept and historical background of the speedy and fair trial. Turning to an examination of constitutional guarantees, he fully reviews the sixth and fourteenth amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the role of the jury, and related statutes such as The Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout, analyses of applicable case law and precedent-setting court decisions illuminate the discussion. An indispensable resource for attorneys in criminal, corporate, and private practice, this volume clearly delineates not only the foundations of speedy and fair trial guarantees but also the many factors that can work against them in today's often overburdened judicial system.

Author : David J. Bodenhamer
Publisher : OUP USA
ISBN 13 : 9780195055597
Total Pages : 192 pages
Book Rating : 4.94/5 ( download)

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Download or read book Fair Trial written by David J. Bodenhamer and published by OUP USA. This book was released on 2008-02-28 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comprehensive survey of rights of the accused in American history, this new text guides the reader through the development of these rights and their central relationship to liberty, justice, and social order. Integrating legal, social, and political history, Fair Trial focuses on the defendant's rights in theory and practice and traces developments in local and state courts as well as in the U.S. Supreme Court, recognizing that, throughout history, the expression and protection of rights has most often been a matter of local concern. The second volume in the Bicentennial Essays on the Bill of Rights series, co-sponsored by the Organization of American Historians and Oxford University Press, this is an essential introduction to criminal due process and its importance to American liberty.

Author : Sabine Gless
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.02/5 ( download)

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Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Author : Thom Brooks
Publisher : Routledge
ISBN 13 : 1351541005
Total Pages : 532 pages
Book Rating : 4.08/5 ( download)

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Download or read book The Right to a Fair Trial written by Thom Brooks and published by Routledge. This book was released on 2017-07-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.

Author : Jonathan Hafetz
Publisher :
ISBN 13 : 1107094550
Total Pages : 203 pages
Book Rating : 4.50/5 ( download)

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Download or read book Punishing Atrocities Through a Fair Trial written by Jonathan Hafetz and published by . This book was released on 2018-04-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.