Obstacles To Fairness In Criminal Proceedings

Author : John D Jackson,Sarah J Summers
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 52,7 Mb
Release : 2018-03-22
Category : Law
ISBN : 9781782258360

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Obstacles to Fairness in Criminal Proceedings by John D Jackson,Sarah J Summers Pdf

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.

Author : Helena Morão,Ricardo Tavares da Silva
Publisher : Springer Nature
Page : 214 pages
File Size : 52,5 Mb
Release : 2023-02-10
Category : Law
ISBN : 9783031130014

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Fairness in Criminal Appeal by Helena Morão,Ricardo Tavares da Silva Pdf

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.

Author : Sarah J Summers
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 49,9 Mb
Release : 2007-08-10
Category : Law
ISBN : 9781847313751

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Fair Trials by Sarah J Summers Pdf

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.

Author : Benjamin Vogel
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2022-03-23
Category : Social Science
ISBN : 3428185749

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Secret Evidence in Criminal Proceedings by Benjamin Vogel Pdf

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.

Author : Sabine Gless,Thomas Richter
Publisher : Springer
Page : 387 pages
File Size : 55,6 Mb
Release : 2019-04-17
Category : Law
ISBN : 9783030125202

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Do Exclusionary Rules Ensure a Fair Trial? by Sabine Gless,Thomas Richter Pdf

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.

Author : Sophie Rigney
Publisher : EUP
Page : 0 pages
File Size : 53,6 Mb
Release : 2024-02-29
Category : Law
ISBN : 1474466311

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Fairness and Rights in International Criminal Procedure by Sophie Rigney Pdf

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.

Author : Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin
Publisher : The Committee
Page : 523 pages
File Size : 52,5 Mb
Release : 1993-01-01
Category : Evidence, Criminal
ISBN : 077781515X

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Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions by Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin Pdf

Author : Arman Sarvarian,Rudy Baker,Filippo Fontanelli,Vassilis Tsevelekos
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 54,9 Mb
Release : 2015
Category : Court proceedings
ISBN : 1905221606

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Procedural Fairness in International Courts and Tribunals by Arman Sarvarian,Rudy Baker,Filippo Fontanelli,Vassilis Tsevelekos Pdf

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]

Author : Judicial Commission of New South Wales
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 2006
Category : Sentences (Criminal procedure)
ISBN : 0731356136

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Sentencing Bench Book by Judicial Commission of New South Wales Pdf

This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.

Author : Caleb H Wheeler
Publisher : Taylor & Francis
Page : 170 pages
File Size : 42,7 Mb
Release : 2023-04-28
Category : Law
ISBN : 9781000854848

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Fairness and the Goals of International Criminal Trials by Caleb H Wheeler Pdf

This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness-oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 47,8 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Canada. Department of Justice
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2024-06-30
Category : Juvenile justice, Administration of
ISBN : OCLC:124085851

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The Youth Criminal Justice Act by Canada. Department of Justice Pdf

The Youth Criminal Justice Act replaces the Young Offenders Act to provide the legislative framework for a fairer & more effective youth justice system.

Author : Richard Berk
Publisher : Springer Science & Business Media
Page : 121 pages
File Size : 41,7 Mb
Release : 2012-04-06
Category : Computers
ISBN : 9781461430858

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Criminal Justice Forecasts of Risk by Richard Berk Pdf

Machine learning and nonparametric function estimation procedures can be effectively used in forecasting. One important and current application is used to make forecasts of “future dangerousness" to inform criminal justice decision. Examples include the decision to release an individual on parole, determination of the parole conditions, bail recommendations, and sentencing. Since the 1920s, "risk assessments" of various kinds have been used in parole hearings, but the current availability of large administrative data bases, inexpensive computing power, and developments in statistics and computer science have increased their accuracy and applicability. In this book, these developments are considered with particular emphasis on the statistical and computer science tools, under the rubric of supervised learning, that can dramatically improve these kinds of forecasts in criminal justice settings. The intended audience is researchers in the social sciences and data analysts in criminal justice agencies.

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 52,6 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : Tom R. Tyler
Publisher : Princeton University Press
Page : 228 pages
File Size : 46,8 Mb
Release : 2013-02-24
Category : Psychology
ISBN : 9780691158006

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Why People Cooperate by Tom R. Tyler Pdf

Any organization's success depends upon the voluntary cooperation of its members. But what motivates people to cooperate? In Why People Cooperate, Tom Tyler challenges the decades-old notion that individuals within groups are primarily motivated by their self-interest. Instead, he demonstrates that human behaviors are influenced by shared attitudes, values, and identities that reflect social connections rather than material interests. Tyler examines employee cooperation in work organizations, resident cooperation with legal authorities responsible for social order in neighborhoods, and citizen cooperation with governmental authorities in political communities. He demonstrates that the main factors for achieving cooperation are socially driven, rather than instrumentally based on incentives or sanctions. Because of this, social motivations are critical when authorities attempt to secure voluntary cooperation from group members. Tyler also explains that two related aspects of group practices--the use of fair procedures when exercising authority and the belief by group members that authorities are benevolent and sincere--are crucial to the development of the attitudes, values, and identities that underlie cooperation. With widespread implications for the management of organizations, community regulation, and governance, Why People Cooperate illustrates the vital role that voluntary cooperation plays in the long-standing viability of groups.