📖[PDF] Obstacles to Fairness in Criminal Proceedings by John D Jackson | Perlego
Get access to over 700,000 titles
Start your free trial today and explore our endless library.
Join perlego now to get access to over 700,000 books
Join perlego now to get access to over 700,000 books
Join perlego now to get access to over 700,000 books
Join perlego now to get access to over 700,000 books
Obstacles to Fairness in Criminal Proceedings
Obstacles to Fairness in Criminal Proceedings
📖 Book - PDF

Obstacles to Fairness in Criminal Proceedings

Individual Rights and Institutional Forms
John D Jackson, Sarah J Summers
shareBook
Share book
pages
256 pages
language
English
format
PDF
availableOnMobile
Available on iOS & Android
📖 Book - PDF

Obstacles to Fairness in Criminal Proceedings

Individual Rights and Institutional Forms
John D Jackson, Sarah J Summers
Book details
Table of contents
Citations

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.

Read More

Information

Publisher
Bloomsbury Publishing
Year
2018
ISBN
9781782258377
Topic
Law
Subtopic
Criminal Law
Edition
1

Table of contents