Obstacles to Fairness in Criminal Proceedings is popular PDF and ePub book, written by John D Jackson in 2018-03-22, it is a fantastic choice for those who relish reading online the Law genre. Let's immerse ourselves in this engaging Law book by exploring the summary and details provided below. Remember, Obstacles to Fairness in Criminal Proceedings can be Read Online from any device for your convenience.
Obstacles to Fairness in Criminal Proceedings Book PDF Summary
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.
Detail Book of Obstacles to Fairness in Criminal Proceedings PDF
- Author : John D Jackson
- Release : 22 March 2018
- Publisher : Bloomsbury Publishing
- ISBN : 9781782258360
- Genre : Law
- Total Page : 378 pages
- Language : English
- PDF File Size : 18,9 Mb
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