Obstacles To Fairness In Criminal Proceedings

Author : John D Jackson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258361
Total Pages : 378 pages
Book Rating : 4.60/5 ( download)

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Download or read book Obstacles to Fairness in Criminal Proceedings written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Helena Morão
Publisher : Springer Nature
ISBN 13 : 3031130014
Total Pages : 214 pages
Book Rating : 4.14/5 ( download)

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Download or read book Fairness in Criminal Appeal written by Helena Morão and published by Springer Nature. This book was released on 2023-02-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.

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 : Judicial Commission of New South Wales
Publisher :
ISBN 13 : 9780731356133
Total Pages : pages
Book Rating : 4.36/5 ( download)

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Download or read book Sentencing Bench Book written by Judicial Commission of New South Wales and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.

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 : Benjamin Vogel
Publisher :
ISBN 13 : 9783428185740
Total Pages : 0 pages
Book Rating : 4.49/5 ( download)

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Download or read book Secret Evidence in Criminal Proceedings written by Benjamin Vogel and published by . This book was released on 2022-03-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confronted with politically motivated violence and profit-driven organised criminality, legal orders extensively rely on covert surveillance measures to detect, avert, and investigate offences. The rise of such measures and the increasing role of intelligence-gathering as a criminal policy tool does, however, pose considerable challenges to the fairness of criminal proceedings. This volume seeks to address these challenges by inquiring into how legal orders, in the context of criminal trials and related provisional preventive measures, deal with confidential information that must not be disclosed to the defence. To this end, it analyses the criminal procedure law of numerous European countries as well as related frameworks at the UN and EU levels. Comparing these findings and adding an analysis of the jurisprudence of the European Court of Human Rights, the volume then outlines ways to safeguard fair-trial guarantees while respecting the operational needs of investigative authorities and intelligence agencies. The findings highlight how legal orders have increasingly accepted that the courts will often consider, in the assessment of the reliability of incriminating evidence, information that is not disclosed to the defence at any point during the proceedings. As a consequence, there is an urgent need to develop novel procedural approaches to improve judicial scrutiny of confidential material by strengthening the involvement of the accused and, at the same time, to prevent triers of fact at trial from becoming exposed to undisclosed material.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Tom R. Tyler
Publisher : Princeton University Press
ISBN 13 : 0691158002
Total Pages : 228 pages
Book Rating : 4.06/5 ( download)

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Download or read book Why People Cooperate written by Tom R. Tyler and published by Princeton University Press. This book was released on 2013-02-24 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any organization's success depends upon the voluntary cooperation of its members. But what motivates people to cooperate? In Why People Cooperate, Tom Tyler challenges the decades-old notion that individuals within groups are primarily motivated by their self-interest. Instead, he demonstrates that human behaviors are influenced by shared attitudes, values, and identities that reflect social connections rather than material interests. Tyler examines employee cooperation in work organizations, resident cooperation with legal authorities responsible for social order in neighborhoods, and citizen cooperation with governmental authorities in political communities. He demonstrates that the main factors for achieving cooperation are socially driven, rather than instrumentally based on incentives or sanctions. Because of this, social motivations are critical when authorities attempt to secure voluntary cooperation from group members. Tyler also explains that two related aspects of group practices--the use of fair procedures when exercising authority and the belief by group members that authorities are benevolent and sincere--are crucial to the development of the attitudes, values, and identities that underlie cooperation. With widespread implications for the management of organizations, community regulation, and governance, Why People Cooperate illustrates the vital role that voluntary cooperation plays in the long-standing viability of groups.

Author : American Bar Association
Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.34/5 ( download)

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Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Author : Sophie Rigney
Publisher : EUP
ISBN 13 : 9781474466318
Total Pages : 0 pages
Book Rating : 4.11/5 ( download)

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Download or read book Fairness and Rights in International Criminal Procedure written by Sophie Rigney and published by EUP. This book was released on 2024-02-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an indepth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Rigney shows that there is a clear separation between fairness and rights in practice. She demonstrates tthat fairness is invoked in international criminal law decisions in inconsistent ways that are frequently at odds with defendants' rights.