Obstacles to Fairness in Criminal Proceedings

Individual Rights and Institutional Forms

Nonfiction, Reference & Language, Law, Criminal Procedure, Criminal law
Cover of the book Obstacles to Fairness in Criminal Proceedings by , Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781782258360
Publisher: Bloomsbury Publishing Publication: March 22, 2018
Imprint: Hart Publishing Language: English
Author:
ISBN: 9781782258360
Publisher: Bloomsbury Publishing
Publication: March 22, 2018
Imprint: Hart Publishing
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Bloomsbury Publishing

Cover of the book I, Mammal by
Cover of the book The Changing Room by
Cover of the book Keep You Close by
Cover of the book One Wild Song by
Cover of the book Jesus in the Theology of Rowan Williams by
Cover of the book Land of the Free by
Cover of the book General Principles of Law by
Cover of the book The Bloomsbury Companion to New Religious Movements by
Cover of the book Glory Whispers & The Monkey by
Cover of the book World Without End by
Cover of the book RSPB Gardening for Wildlife by
Cover of the book Enquist Plays: 1 by
Cover of the book Asclepius by
Cover of the book Thinking Visually for Illustrators by
Cover of the book In the Studio with Joyce Piven by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy