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The Trial on Trial: Volume 1 - Truth and Due Process (Hardcover, New)
Loot Price: R3,562
Discovery Miles 35 620
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The Trial on Trial: Volume 1 - Truth and Due Process (Hardcover, New)
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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).
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