The right to a fair trial
著者
書誌事項
The right to a fair trial
(International library of essays on rights)
Ashgate, c2009
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.
目次
- Contents: Introduction
- Part I The Right to Trial by Jury: The sacred cow of trial by jury, R.J. O'Hanlon
- The courage of our convictions, Sherman J. Clark
- The right to trial by jury, Thom Brooks. Part II Lay Participation: Lay participation in decision making: a Croatian perspective on mixed tribunals, Sanja Kutnjak Ivkovic
- Democratic accountability and lay participation in criminal trials, Tatjana HArnle. Part III Jury Nullification: The myth of the nullifying jury, Nancy S. Marder
- A defence of jury nullification, Thom Brooks. Part IV Trial Reform: The lamp that shows that freedom lives - is it worth the candle?, Penny Darbyshire
- The case for jury waiver, Sean Doran and John Jackson
- Modes of trial: shifting the balance towards the professional judge, John Jackson. Part V The Civil Trial: Why judges, not juries, should set punitive damages, Paul Mogin
- Decisionmaking about general damages: a comparison of jurors, judges, and lawyers, Roselle L. Wissler, Allen J. Hart and Michael J. Saks. Part VI Trials and Terrorism: Terrorism on trial: the President's constitutional authority to order the prosecution of suspected terrorists by military commission, Christopher M. Evans
- Judicial review of counter-terrorism measures: the Israeli model for the role of the judiciary during the terror era, Yigal Mersel
- Name Index.
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