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Obstacles to Fairness in Criminal Proceedings

2018-03-22 Law
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Release : 2018-03-22
Genre : Law
Kind : eBook
Book Rating : 361/5 ( reviews)

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Book Synopsis Obstacles to Fairness in Criminal Proceedings by : John D Jackson

Download or read book Obstacles to Fairness in Criminal Proceedings written by John D Jackson. This book was released on 2018-03-22. 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.

Avoiding a Full Criminal Trial

2016-10-12 Law
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Release : 2016-10-12
Genre : Law
Kind : eBook
Book Rating : 531/5 ( reviews)

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Book Synopsis Avoiding a Full Criminal Trial by : Koen Vriend

Download or read book Avoiding a Full Criminal Trial written by Koen Vriend. This book was released on 2016-10-12. 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.

Fairness in Criminal Appeal

2023-02-10 Law
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Release : 2023-02-10
Genre : Law
Kind : eBook
Book Rating : 014/5 ( reviews)

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Book Synopsis Fairness in Criminal Appeal by : Helena Morão

Download or read book Fairness in Criminal Appeal written by Helena Morão. This book was released on 2023-02-10. 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.

Do Exclusionary Rules Ensure a Fair Trial?

2019-04-17 Law
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Release : 2019-04-17
Genre : Law
Kind : eBook
Book Rating : 203/5 ( reviews)

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Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless

Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless. This book was released on 2019-04-17. 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.

Obstacles to Fairness in Criminal Proceedings

2018-03-22 Law
Download Obstacles to Fairness in Criminal Proceedings PDF Online Free

Author :
Release : 2018-03-22
Genre : Law
Kind : eBook
Book Rating : 37X/5 ( reviews)

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Book Synopsis Obstacles to Fairness in Criminal Proceedings by : John D Jackson

Download or read book Obstacles to Fairness in Criminal Proceedings written by John D Jackson. This book was released on 2018-03-22. 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.

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