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The Trial on Trial: Volume 1: Truth and Due Process

Editat de R. A. Duff, Lindsay Farmer, Sandra Marshall, Victor Tadros
en Limba Engleză Hardback – 20 dec 2004
The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the forum in which both guilt and innocence and sentence are determined. Its continuing significance is evidenced by the heated responses drawn by recent government proposals to reform rules of criminal procedure and evidence so as to alter the status of the trial within the criminal justice process and to limit the role of the jury. Yet for all of the attachment to trial by jury and to principles safeguarding the right to a fair trial there has been remarkably little theoretical reflection on the meaning of fairness in the trial and criminal procedure, the relationship between rules of evidence, procedure and substantive law, or the functions and normative foundations of the trial process. There is a need, in other words, to develop a normative understanding of the criminal trial.The book is based on the proceedings of two workshops which took place in 2003, addressing the theme of Truth and Due Process in the Criminal Trial. The essays in the book are concerned with the question of whether, and in what sense, we can take the discovery of truth to be the central aim of the procedural and evidential rules and practices of criminal investigation and trial. They are divided into four parts addressing distinct but inter-related issues: models of the trial (Duff, Matravers, McEwan); the meaning of due process (Gunther, Dubber); the meaning of truth and the nature of evidence (Jung, Pritchard); and legitimacy and rhetoric in the trial (Burns, Christodoulidis).
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Specificații

ISBN-13: 9781841134420
ISBN-10: 1841134422
Pagini: 224
Dimensiuni: 156 x 234 x 17 mm
Greutate: 0.47 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The essays in this book examine whether the discovery of truth is truly the central aim of criminal investigation and trial.

Notă biografică

Antony Duff is Professor of Philosophy at the University of Stirling.Lindsay Farmer is Professor of Law at the University of Glasgow.Sandra Marshall is Professor of Philosophy in the University of Stirling.Victor Tadros is a Professor of Law at the University of Warwick.

Cuprins

1. Introduction: Towards a Normative Theory of the Criminal TrialAntony Duff, Lindsay Farmer, Sandra Marshall, Victor Tadros2. Changing Conceptions of the Scottish Criminal Trial: The Duty to Agree Uncontroversial EvidencePeter Duff3. Ritual, Fairness and Truth: The Adversarial and Inquisitorial Models of Criminal TrialJenny McEwan4. 'More Than Just Illogical': Truth and Jury NullificationMatt Matravers5. The Criminal Trial and the Legitimation of PunishmentMarkus Dirk Dubber6. TestimonyDuncan Pritchard7. Managing Uncertainty and Finality: The Function of the Criminal Trial in Legal InquiryJohn D Jackson8. Nothing But the Truth? Some Facts, Impressions and Confessions about Truth in Criminal ProcedureHeike Jung9. The Distinctiveness of Trial NarrativeRobert P Burns10 The Objection that Cannot be Heard: Communication and Legitimacy in the CourtroomEmilios Christodoulidis

Recenzii

.thought-provoking essays.This project can influence research into various criminal processes as well as European Court of Human Rights jurisprudence.a substantial contribution to a valuable project. A theory of the criminal trial has the potential of guiding theoretical work on various aspects of the criminal justice process, and the editors should be appreciated for initiating it.
...analysis is sharp and comprehensive.
This is a stimulating and diverse collection which deserves to be read widely.
...the project's bringing together of lawyers and philosophers from adversarial and inquisitorial jurisdictions is an especially promising start to ground a normative theory of the criminal trial on interdisciplinary work.

Descriere

This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.