Criminal Fair Trial Rights
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Avoiding A Full Criminal Trial
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Author : Koen Vriend
language : en
Publisher: Springer
Release Date : 2016-10-12
Avoiding A Full Criminal Trial written by Koen Vriend and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-12 with Law categories.
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.
Language And The Right To Fair Hearing In International Criminal Trials
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Author : Catherine S. Namakula
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-10-07
Language And The Right To Fair Hearing In International Criminal Trials written by Catherine S. Namakula and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-07 with Law categories.
Language and the Right to Fair Hearing in International Criminal Trials explores the influence of the dynamic factor of language on trial fairness in international criminal proceedings. By means of empirical research and jurisprudential analysis, this book explores the implications that conducting a trial in more than one language can have for the right to fair trial. It reveals that the language debate is as old as international criminal justice, but due to misrepresentation of the status of language fair trial rights in international law, the debate has not yielded concrete reforms. Language is the core foundation for justice. It is the means through which the rights of the accused are secured and exercised. Linguistic complexities such as misunderstandings, translation errors and cultural distance among participants in international criminal trials affect courtroom communication, the presentation and the perception of the evidence, hence jeopardizing the foundations of a fair trial. The author concludes that language fair trial rights are priority rights situated in the minimum guarantees of fair criminal trial; the obligation of the court to ensure fair trial or accord the accused person a fair hearing also includes the duty to ensure they can understand and be understood.
Criminal Fair Trial Rights
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Author : Ryan Goss
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-09-11
Criminal Fair Trial Rights written by Ryan Goss and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-11 with Law categories.
The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.
The Right To A Fair Trial
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Author : Thom Brooks
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Right To A Fair Trial written by Thom Brooks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
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.
The Right To A Fair Trial In International Law
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Author : Amal Clooney
language : en
Publisher: Oxford University Press
Release Date : 2021-02-11
The Right To A Fair Trial In International Law written by Amal Clooney and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
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.
Obstacles To Fairness In Criminal Proceedings
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Author : John D Jackson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-22
Obstacles To Fairness In Criminal Proceedings written by John D Jackson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-22 with Law categories.
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.
International Human Rights Law And The Advancement Of The Right To A Fair Trial In China
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Author : DENG Hua
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2016-08-29
International Human Rights Law And The Advancement Of The Right To A Fair Trial In China written by DENG Hua and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-29 with Law categories.
Fair Trials
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Author : Sarah J Summers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-08-10
Fair Trials written by Sarah J Summers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-10 with Law categories.
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.
Fair Trial Rights
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Author : Richard Clayton
language : en
Publisher:
Release Date : 2010-02-11
Fair Trial Rights written by Richard Clayton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-11 with Law categories.
This is a reprint of the chapter Fair Trial Rights from the major text The Law of Human Rights; its separate publication makes it accessible to those who do not have their own copy of the larger work.It provides a comprehensive treatment of human rights law and practice in the UK in relation to fair trial rights.
The Right To Be Present At Trial In International Criminal Law
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Author : Caleb H. Wheeler
language : en
Publisher: BRILL
Release Date : 2018-10-18
The Right To Be Present At Trial In International Criminal Law written by Caleb H. Wheeler and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-18 with Law categories.
In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.