Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms

Erscheinungsjahr 2020
ISBN: 978-1-5099-4023-3
Verlag: BLOOMSBURY 3PL

Buch, Englisch, 344 Seiten, Paperback, Format (B × H): 170 mm x 244 mm, Gewicht: 540 g

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.

Autoren/Hrsg.

Jackson, John D.

Summers, Sarah J.

Fachgebiete

• Rechtswissenschaften Strafrecht Strafverfahrens- und -prozessrecht, Strafverteidigung und Opferschutz

Inhaltsverzeichnis

1. Introduction

John D Jackson and Sarah J Summers
2. The Character of the Right to a Fair Trial

Stefan Trechsel
3. Autonomy and Agency in American Criminal Process

David Alan Sklansky
4. Innocence, the Burden of Proof and Fairness in the Criminal Trial: Revisiting Woolmington v DPP (1935)

Lindsay Farmer
5. The Right of Silence in England and Wales: Sacred Cow, Sacrifi cial Lamb or Trojan Horse?

Hannah Quirk
6. Seeking Core Fair Trial Standards across National Boundaries: Judicial Impartiality, the Prosecutorial Role and the Right to Counsel

John D Jackson and Sarah J Summers
7. The Role of Counsel in Criminal Proceedings 7
Wolfgang Wohlers
8. 'Falling on Deaf Ears': Looking for the Salduz Jurisprudence in Greece

Dimitrios Giannoulopoulos
9. Fairness and Expediency in International Criminal Procedure

Kai Ambos
10. International Criminal Procedure and the False Promise of an Ideal Model of Fairness

Yvonne McDermott
11. Written Records of Statements and Fairness

Nadja Capus
12. Regulating and Limiting Plea Concessions: Towards Fairness in Charge Adjudication
Richard L Lippke
13. A Fair Cop and a Fair Trial

Eric J Miller
14. Rights-Analysis in Addressing Pre-Trial Impropriety: An Obstacle to Fairness
Kelly M Pitcher
15. Fairness in Criminal Proceedings: Concluding Thoughts and Further Questions

RA Duff

Über Autor(innen)

Jackson, John D.
John D Jackson is Professor of Comparative Criminal Law and Procedure, Faculty of Social Sciences, School of Law, University of Nottingham. He is the author of a number of books on evidence and criminal procedure including Northern Ireland Supplement to Cross on Evidence (1983), Called to Court: A Public View of Criminal Justice in Northern Ireland (1991) (with R Kilpatrick and C Harvey), Judge without Jury: Diplock Trials in the Adversary System (1995) (with Sean Doran), The Judicial Role in Criminal Proceedings (2000) (with Sean Doran), Standards for Prosecutors: An Analysis of the United Kingdom National Prosecuting Agencies (2006) (with Barry Hancock), Crime, Procedure and Evidence in a Comparative and International Context (2008)(with P. Tillers and M. Langer) and Standards for Prosecutors: An Analysis of the National Prosecuting Agencies in Ireland, New South Wales (Australia), The Netherlands and Denmark (2009)(with Barry Hancock).

Summers, Sarah J.
Sarah Summers is SNF Professor of Criminal Law and Criminal Procedure Law at the University of Zurich.

John D Jackson is Professor of Comparative Criminal Law and Procedure, School of Law, University of Nottingham.

Sarah J Summers is Professor of Criminal Law, Criminal Procedure and Criminology, Faculty of Law, University of Zurich.