The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear precisely what counts 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, particularly those for defendants charged with terrorism offences. This collection, which is the first to publish in one place the most influential work on these controversial issues, emphasises both the importance and complexity of the right to a fair trial, and sheds light on how the trial might be further improved.…mehr
The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear precisely what counts 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, particularly those for defendants charged with terrorism offences. This collection, which is the first to publish in one place the most influential work on these controversial issues, emphasises both the importance and complexity of the right to a fair trial, and sheds light on how the trial might be further improved.
Dr Thom Brooks is Reader in Political and Legal Philosophy at the University of Newcastle, UK. He is editor of the Journal of Moral Philosophy and editor of Rousseau and Law (Ashgate, 2005), The Legacy of John Rawls (2005, 2d ed 2007), Locke and Law (Ashgate, 2007), and The Global Justice Reader (2007), as well as author of Hegel's Political Philosophy (2007) and Punishment (2009).
Inhaltsangabe
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 Hörnle. 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.
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 Hörnle. 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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