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The Trial on Trial : Truth and Due Process - Antony Duff

The Trial on Trial

Truth and Due Process

By: Antony Duff (Editor), Lindsay Farmer (Editor), Sandra Marshall (Editor), Victor Tadros (Editor)

Hardcover Published: 21st December 2004
ISBN: 9781841134420
Number Of Pages: 224

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The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the forum in which both guilt and innocence and sentence are determined. Its continuing significance is evidenced by the heated responses drawn by recent government proposals to reform rules of criminal procedure and evidence so as to alter the status of the trial within the criminal justice process and to limit the role of the jury. Yet for all of the attachment to trial by jury and to principles safeguarding the right to a fair trial there has been remarkably little theoretical reflection on the meaning of fairness in the trial and criminal procedure, the relationship between rules of evidence, procedure and substantive law, or the functions and normative foundations of the trial process. There is a need, in other words, to develop a normative understanding of the criminal trial. The book is based on the proceedings of two workshops which took place in 2003, addressing the theme of Truth and Due Process in the Criminal Trial. The essays in the book are concerned with the question of whether, and in what sense, we can take the discovery of truth to be the central aim of the procedural and evidential rules and practices of criminal investigation and trial. They are divided into four parts addressing distinct but inter-related issues: models of the trial (Duff, Matravers, McEwan); the meaning of due process (Gunther, Dubber); the meaning of truth and the nature of evidence (Jung, Pritchard); and legitimacy and rhetoric in the trial (Burns, Christodoulidis).

...thought-provoking essays...This project can influence research into various criminal processes as well as European Court of Human Rights jurisprudence...a substantial contribution to a valuable project. A theory of the criminal trial has the potential of guiding theoretical work on various aspects of the criminal justice process, and the editors should be appreciated for initiating it. Marny Requa British Journal of Criminology. Vol 46, No 5 Sept 2006 ...analysis is sharp and comprehensive. Robin Johnston The Journal of the Law Society of Scotland August 2005 This is a stimulating and diverse collection which deserves to be read widely. Jacqueline Hodgson International Journal of Evidence and Proof Vol 11/1, 2008 ...the project's bringing together of lawyers and philosophers from adversarial and inquisitorial jurisdictions is an especially promising start to ground a normative theory of the criminal trial on interdisciplinary work. Sabine Gless Criminal Law Forum (2005) 16

Introduction : towards a normative theory of the criminal trialp. 1
Changing conceptions of the Scottish criminal trial : the duty to agree uncontroversial evidencep. 29
Ritual, fairness and truth : the adversarial and inquisitorial models of criminal trialp. 51
'More than just illogical' : truth and jury nullificationp. 71
The criminal trial and the legitimation of punishmentp. 85
Testimonyp. 101
Managing uncertainty and finality : the function of the criminal trial in legal inquiryp. 121
Nothing but the truth? : some facts, impressions and confessions about truth in criminal procedurep. 147
The distinctiveness of trial narrativep. 157
The objection that cannot be heard : communication and legitimacy in the courtroomp. 179
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134420
ISBN-10: 1841134422
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 224
Published: 21st December 2004
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 1.7
Weight (kg): 0.47
Edition Number: 1