Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms

Professor John D Jackson

ISBN 10: 1509940235 / ISBN 13: 9781509940233

Published by Bloomsbury Publishing PLC, 2020

About this Item

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Bibliographic Details

• Title: Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms
• Publisher: Bloomsbury Publishing PLC
• Publication Date: 2020
• Language: English
• ISBN 10: 1509940235
• ISBN 13: 9781509940233
• Binding: Paperback / softback
• Condition: New
• Weight: 544 grams

About this title

Synopsis

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.

About the Authors

John D Jackson is Professor of Comparative Criminal Law and Procedure, Faculty of Social Sciences, School of Law, University of Nottingham. He is the author of a number of books on evidence and criminal procedure including Northern Ireland Supplement to Cross on Evidence (1983), Called to Court: A Public View of Criminal Justice in Northern Ireland (1991) (with R Kilpatrick and C Harvey), Judge without Jury: Diplock Trials in the Adversary System (1995) (with Sean Doran), The Judicial Role in Criminal Proceedings (2000) (with Sean Doran), Standards for Prosecutors: An Analysis of the United Kingdom National Prosecuting Agencies (2006) (with Barry Hancock), Crime, Procedure and Evidence in a Comparative and International Context (2008)(with P. Tillers and M. Langer) and Standards for Prosecutors: An Analysis of the National Prosecuting Agencies in Ireland, New South Wales (Australia), The Netherlands and Denmark (2009)(with Barry Hancock).

Sarah Summers is SNF Professor of Criminal Law and Criminal Procedure Law at the University of Zurich.