Non-Fiction Books:

Obstacles to Fairness in Criminal Proceedings

Individual Rights and Institutional Forms

Format

Hardback

Customer rating

Click to share your rating 0 ratings (0.0/5.0 average) Thanks for your vote!

Share this product

Obstacles to Fairness in Criminal Proceedings
Unavailable
Sorry, this product is not currently available to order

Description

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 Biography

John D Jackson is Professor of Comparative Criminal Law and Procedure, School of Law, University of Nottingham. Sarah J Summers is Professor of Criminal Law, Criminal Procedure and Criminology, Faculty of Law, University of Zurich.
Release date NZ
March 22nd, 2018
Contributors
Edited by John Jackson Edited by Sarah Summers
Pages
344
Country of Publication
United Kingdom
Imprint
Hart Publishing
ISBN-13
9781782258353
Product ID
26799398

Customer reviews

Nobody has reviewed this product yet. You could be the first!

Write a Review

Marketplace listings

There are no Marketplace listings available for this product currently.
Already own it? Create a free listing and pay just 9% commission when it sells!

Sell Yours Here

Help & options

  • If you think we've made a mistake or omitted details, please send us your feedback. Send Feedback
  • If you have a question or problem with this product, visit our Help section. Get Help
Filed under...

Buy this and earn 1,072 Banana Points