Obstacles to Fairness in Criminal Proceedings
Individual Rights and Institutional Forms
- 256 pages
- English
- PDF
- Available on iOS & Android
Obstacles to Fairness in Criminal Proceedings
Individual Rights and Institutional Forms
About this book
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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Table of contents
- Acknowledgements
- Table of Contents
- List of Contributors
- 1. Introduction
- 2. The Character of the Right to a Fair Trial
- 3. Autonomy and Agency in American Criminal Process
- 4. Innocence, the Burden of Proof and Fairness in the Criminal Trial: Revisiting Woolmington v DPP (1935)
- 5. The Right of Silence in England and Wales: Sacred Cow, Sacrificial Lamb or Trojan Horse?
- 6. Seeking Core Fair Trial Standards across National Boundaries: Judicial Impartiality, the Prosecutorial Role and the Right to Counsel
- 7. The Role of Counsel in Criminal Proceedings
- 8. ‘Falling on Deaf Ears’: Looking for the Salduz Jurisprudence in Greece
- 9. Fairness and Expediency in International Criminal Procedure
- 10. International Criminal Procedure and the False Promise of an Ideal Model of Fairness
- 11. Written Records of Statements and Fairness
- 12. Regulating and Limiting Plea Concessions: Towards Fairness in Charge Adjudication
- 13. A Fair Cop and a Fair Trial
- 14. Rights-Analysis in Addressing Pre-Trial Impropriety: An Obstacle to Fairness?
- 15. Fairness in Criminal Proceedings: Concluding Thoughts and Further Questions
- Index