Obstacles To Fairness In Criminal Proceedings
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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.
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.
Secret Evidence In Criminal Proceedings
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Author : Benjamin Vogel
language : en
Publisher:
Release Date : 2022-03-23
Secret Evidence In Criminal Proceedings written by Benjamin Vogel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-23 with Social Science categories.
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.
Do Exclusionary Rules Ensure A Fair Trial
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Author : Sabine Gless
language : en
Publisher: Springer
Release Date : 2019-04-17
Do Exclusionary Rules Ensure A Fair Trial written by Sabine Gless and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-17 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.
Justice In Motion
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Author : Vikash Dabriwal
language : en
Publisher: Independently Published
Release Date : 2023-07-22
Justice In Motion written by Vikash Dabriwal and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-22 with categories.
"Justice in Motion: Exploring the Dynamics of Criminal Law" is an insightful and comprehensive exploration of criminal law's multifaceted nature and its significance in modern society. The book delves into various aspects of criminal law, from its historical development and foundational principles to its application in contemporary criminal justice systems. The book emphasizes the importance of criminal law in maintaining social order, protecting human rights, and promoting justice. It covers the historical evolution of criminal law, from ancient systems of justice to modern legal frameworks, providing a broader context for understanding its evolution. Key themes emerge throughout the book, such as the significance of restorative justice principles, the need to address systemic biases, and the role of technology in shaping crime and law enforcement. The protection of human rights, prohibition of torture, and the right to a fair trial are recurring themes that underscore the importance of upholding fundamental rights in criminal proceedings. Innovations in criminal law and policy-making are also explored, with discussions on alternatives to traditional justice, technological advancements, and global perspectives on criminal justice. The book advocates for evidence-based policy-making, addressing emerging challenges, and promoting fairness, equality, and rehabilitation in criminal law. The call to action at the end of the book urges readers to promote a more just and effective criminal justice system. It emphasizes the importance of embracing restorative justice, addressing systemic biases, ensuring access to legal representation, and promoting global cooperation in combating transnational crime. Overall, "Justice in Motion: Exploring the Dynamics of Criminal Law" provides readers with a comprehensive and engaging examination of criminal law's role and complexities. It offers valuable insights for legal professionals, policymakers, and individuals seeking to understand and advocate for a criminal justice system that prioritizes justice, compassion, and fairness for all.
Procedural Fairness In International Courts And Tribunals
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Author : Arman Sarvarian
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2015
Procedural Fairness In International Courts And Tribunals written by Arman Sarvarian and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Court proceedings categories.
Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framework of international courts and tribunals. Increasingly prominent in practice, it features in a wide spectrum of arbitral and judicial settlement processes, from the handling of expert evidence before the International Court of Justice, as well as the burden and standard of proof in investor-State arbitration, to the role of victims and the right to a prompt and speedy trial at the International Criminal Court. The fairness of these proceedings is a topic of fundamental importance, not only to practitioners of international law (judges, counsels, registrars, NGO lawyers, legal advisers, and other civil servants), but also to scholars of international law due to its implications for the key topic of international dispute settlement. This book frames the study of procedural fairness as the identification of fundamental principles inherent to international judicial and arbitral processes. It draws together a number of pertinent issues on specific aspects of fairness (e.g. the equality of arms principle) before international courts and tribunals within a comprehensive narrative. It brings academics and practitioners together to initiate ground-breaking research into this novel topic. The book employs a comparative approach whereby the contributors analyze the procedures and practices of various international courts and tribunals. It identifies patterns of commonality and divergence in the core standards of procedural fairness of international courts, and it develops a holistic understanding of the nature of procedural fairness and the challenges to its realization in the international judicial system. The book concludes that, while there is no universal model of procedural fairness, nascent principles of fairness are emerging in the jurisprudence of international courts in order to resolve procedural and practical issues. [Subject: International Law, Comparative Law]
Fairness And Rights In International Criminal Procedure
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Author : Sophie Rigney
language : en
Publisher: EUP
Release Date : 2024-02-29
Fairness And Rights In International Criminal Procedure written by Sophie Rigney and has been published by EUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-29 with Law categories.
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.
The Principle Of Equality Of Arms In International Criminal Proceedings
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Author : Mascha Fedorova
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2012
The Principle Of Equality Of Arms In International Criminal Proceedings written by Mascha Fedorova and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Political Science categories.
This book examines the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure. The practice of these courts presents some substantial challenges to achieving a meaningful equality of arms in the context in which these courts operate. Before studying the law and jurisprudence of the International Criminal Tribunals - for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Extraordinary Chambers in the Courts of Cambodia - the historical roots and the meaning of the principle of equality of arms are examined from two perspectives: the human rights perspective and the criminal process perspective. Subsequently, four themes that are central to understanding the principle of equality of arms in the international criminal context are discussed. First, the focus is on the investigation stage of the criminal process and the ability of the parties to prepare for trial. Next, the study takes a closer look at the system of disclosure of materials that were collected during investigations. Third, attention is paid to the issue of the perceived inequality in resources and facilities between the parties and the institutionally unequal positioning of the defense. Last, issues concerning the presentation of the case at the trial stage - such as the time and the number of witnesses the parties are allowed to present and the issues relating to the examination of witnesses and the admissibility of evidence - are examined. The book concludes with general observations on the scope and proper understanding of the principle of fairness, the right to a fair trial, and the principle of equality of arms. (Series: School of Human Rights Research - Vol. 55)
Standing Up For Justice
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Author : Theodor Meron
language : en
Publisher: Oxford University Press
Release Date : 2021
Standing Up For Justice written by Theodor Meron 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.
Judge Theodor Meron addresses the key questions facing the international criminal justice system, drawing on two decades of experience as an international judge and a distinguished academic career. He provides insights into judicial independence and the principle of fairness in trying cases before international criminal courts and tribunals.
Human Rights And Criminal Procedure
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Author : Jeremy McBride
language : en
Publisher: Council of Europe
Release Date : 2018-06-18
Human Rights And Criminal Procedure written by Jeremy McBride 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 2018-06-18 with Political Science categories.
A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.