The right to a fair trial has become an issue of increasing public concern. In determining the scope of this right, Europeans increasingly look to the European Court of Human Rights (ECHR), but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new volume elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the 19th century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it suggests that, although the Court has neglected the European tradition, the jurisprudence has been influenced, albeit unconsciously, by the institutional principles developed in the 19th century.
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Editorial Reviews
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...essential reading for the thinking criminal lawyer.Sally RamageThe Criminal Lawyer, No. 176October 2007 Issue
About the Author
Sarah J Summers is Oberassistentin in criminal law and procedure,at the University of Zurich, Switzerland and a researcher at the Max Planck Institute for Foreign and International Criminal Law in Freiburg i Br, Germany.
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defining fairness, criminal procedural tradition, public trial requirement, criminal procedural system, public hearing requirement, improper compulsion, comparative criminal procedure, adversarial criminal trial, adversarial conception, procedural opportunities, immediacy principle, relationship between the defence, investigating judge, oral trial, adversarial procedure, nineteenth century jurists, correct forum, reporting judge, procedural systems, procedural values, investigative phase, judicial impartiality Key Phrases - Capitalized Phrases (CAPs): (learn more)
United Kingdom, Human Rights, Oxford University Press, The Rights of the Defence, Dieterichschen Buchhandlung, Die Verteidigung, Ferdinand Enke, Little Brown, Law of Scotland, Respecting Crimes, Henri Plon, The Lawbook Exchange, Special Reference, History of Continental Criminal Procedure, Handbuch des Strafprozesses, John Murray, English Criminal Justice, Hambledon Press, The Origins of the European Tradition, European Convention, Traité de Linstruction Criminelle, Avocat Général, Clarendon Press, Reassessing Fairness, Yale University Press Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
defining fairness, criminal procedural tradition, public trial requirement, criminal procedural system, public hearing requirement, improper compulsion, comparative criminal procedure, adversarial criminal trial, adversarial conception, procedural opportunities, immediacy principle, relationship between the defence, investigating judge, oral trial, adversarial procedure, nineteenth century jurists, correct forum, reporting judge, procedural systems, procedural values, investigative phase, judicial impartiality Key Phrases - Capitalized Phrases (CAPs): (learn more)
United Kingdom, Human Rights, Oxford University Press, The Rights of the Defence, Dieterichschen Buchhandlung, Die Verteidigung, Ferdinand Enke, Little Brown, Law of Scotland, Respecting Crimes, Henri Plon, The Lawbook Exchange, Special Reference, History of Continental Criminal Procedure, Handbuch des Strafprozesses, John Murray, English Criminal Justice, Hambledon Press, The Origins of the European Tradition, European Convention, Traité de Linstruction Criminelle, Avocat Général, Clarendon Press, Reassessing Fairness, Yale University Press Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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