Fair Trial
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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.
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.
The Right To A Fair Trial Under Article 14 Of The Iccpr
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Author : Amal Clooney
language : en
Publisher: Oxford University Press
Release Date : 2021
The Right To A Fair Trial Under Article 14 Of The Iccpr 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 with Law categories.
This work brings together the complete travaux to Article 14 of the International Covenant on Civil and Political Rights. In doing so, it contributes to a thorough and informed understanding of the right to a fair trial, the world's most litigated human right.
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.
The Right To A Fair Trial
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Author : European Commission for Democracy through Law
language : en
Publisher: Council of Europe
Release Date : 2000-01-01
The Right To A Fair Trial written by European Commission for Democracy through Law and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Political Science categories.
The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.
Fair Trial And Judicial Independence
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Author : Attila Badó
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-10-23
Fair Trial And Judicial Independence written by Attila Badó 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 2013-10-23 with Law categories.
This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.
Do Exclusionary Rules Ensure A Fair Trial
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Author : Thomas Richter
language : en
Publisher:
Release Date : 2020-10-08
Do Exclusionary Rules Ensure A Fair Trial written by Thomas Richter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-08 with Law categories.
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.; This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Punishing Atrocities Through A Fair Trial
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Author : Jonathan Hafetz
language : en
Publisher:
Release Date : 2018-04-19
Punishing Atrocities Through A Fair Trial written by Jonathan Hafetz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.
Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.
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.