The Trial on Trial
Towards a Normative Theory of the Criminal Trial v. 3
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Trial on Trial by Antony Duff
Book DescriptionThe criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments. This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora.
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Book DetailsISBN: 9781841136981
(234mm x 156mm x 20mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 20-Nov-2007
Country of Publication: United Kingdom
Books By Author Antony Duff
Answering for Crime, Paperback (September 2009)
Duff offers a new perspective on the structures of criminal law and criminal liability.
Trial on Trial, Hardback (April 2006)
This book addresses the issues surrounding criminal trial such as its aims and social functions and political implications.
Punishing Juveniles, Hardback (September 2002)» View all books by Antony Duff
This book brings together criminologists, educationalists, psychologists and philosophers to address important questions on juvenile justice.
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Author Biography - Antony Duff
Antony Duff is Professor of Philosophy at the University of Stirling. Lindsay Farmer is Professor of Law at the University of Glasgow. Sandra Marshall is Professor of Philosophy in the University of Stirling. Victor Tadros is a Professor of Law at the University of Warwick.
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