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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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The Trial on Trial Volume 1: Truth and Due Process

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Edited by: Anthony Duff, Lindsey Farmer, Sandra Marshall, Victor Tadros

ISBN13: 9781841134420
ISBN: 1841134422
Published: December 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00

Despatched in 4 to 6 days.

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 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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Criminal Law, Courts and Procedure
1. Introduction: Towards a Normative Theory of the Criminal Trial
Antony Duff, Lindsay Farmer, Sandra Marshall, Victor Tadros
2. Changing Conceptions of the Scottish Criminal Trial: The Duty to Agree Uncontroversial Evidence
Peter Duff
3. Ritual, Fairness and Truth: The Adversarial and Inquisitorial Models of Criminal Trial
Jenny McEwan
4. ‘More Than Just Illogical’: Truth and Jury Nullification
Matt Matravers
5. The Criminal Trial and the Legitimation of Punishment
Markus Dirk Dubber
6. Testimony
Duncan Pritchard
7. Managing Uncertainty and Finality: The Function of the Criminal Trial in Legal Inquiry
John D Jackson
8. Nothing But the Truth? Some Facts, Impressions and Confessions about Truth in Criminal Procedure
Heike Jung
9. The Distinctiveness of Trial Narrative
Robert P Burns
10. The Objection that Cannot be Heard: Communication and Legitimacy in the Courtroom
Emilios Christodoulidis