Fairness in Criminal Appeal

A Critical and Interdisciplinary Analysis of the ECtHR Case-Law
1. Auflage 2023
ISBN: 978-3-031-13003-8
Verlag: Springer

Buch, Englisch, 213 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 353 g

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.

Zielgruppe

Graduate

Autoren/Hrsg.

Morão, Helena

Tavares da Silva, Ricardo

Fachgebiete

• Rechtswissenschaften Strafrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Öffentliches Recht (inkl. EMRK)
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

Part I: Introduction.- The ECtHR case-law on immediacy in criminal appeal.- Part II: Criminal appeal immediacy models and the ECtHR case-law.- The evidence renewal model in Italy.- The retrial model in Spain.- The audio recordings model in Portugal: The appeal court’s perspective.- The audio recordings model in Portugal: The defendant’s and the victim’s perspectives.- Part III: Immediacy in criminal procedure theory and cognitive sciences.- Immediacy at the first instance trial.- Audio-visual recordings as evidence in criminal procedure.- Neuroscience of memory and philosophy of knowledge challenges to immediacy.- AI assistance in the courtroom and immediacy.- Part IV: Concluding thoughts.- On the legitimacy of the ECtHR’s criminal appeal immediacy requirement.

Über Autor(innen)

Helena Morão is a Criminal Law Professor at the University of Lisbon School of Law where she was awarded her PhD. She is the Deputy Director of the Research Centre for Criminal Law and Criminal Sciences (CIDPCC), the Portuguese research centre specifically focused on criminal law, as well as Deputy Director of the journal Anatomy of Crime, Journal of Law and Crime Sciences. Her main field of research is criminal law from both normative and interdisciplinary perspectives. She is the author of several works on criminal law, including criminal appeal law, and has participated as an expert in various criminal law reforms.
Ricardo Tavares da Silva is an Invited Assistant in Criminal Law at the University of Lisbon School of Law, where he was awarded his bachelor’s degree. He also has a Master’s degree and a PhD degree in Philosophy from the School of Arts and Humanities of the University of Lisbon. He is especially interested in Normative Theory and in thefoundations of Law, but also in related issues in Philosophy of Action and Philosophy of Mind, Metaphysics and Epistemology, Cognitive Science and Neuroscience. He is a member and executive coordinator of the Research Centre for Criminal Law and Criminal Sciences (CIDPCC).