LEADER 04676oam 22007331c 450 001 9910784280103321 005 20200115203623.0 010 $a1-4725-5965-7 010 $a1-280-80887-X 010 $a9786610808878 010 $a1-84731-162-8 024 7 $a10.5040/9781472559654 035 $a(CKB)1000000000338446 035 $a(EBL)270816 035 $a(OCoLC)476005673 035 $a(SSID)ssj0000262240 035 $a(PQKBManifestationID)11206401 035 $a(PQKBTitleCode)TC0000262240 035 $a(PQKBWorkID)10269700 035 $a(PQKB)11418899 035 $a(MiAaPQ)EBC1778901 035 $a(MiAaPQ)EBC270816 035 $a(Au-PeEL)EBL1778901 035 $a(CaPaEBR)ebr10276167 035 $a(CaONFJC)MIL80887 035 $a(OCoLC)191732277 035 $a(UtOrBLW)bpp09258038 035 $a(Au-PeEL)EBL270816 035 $a(EXLCZ)991000000000338446 100 $a20150227d2004 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 04$aThe trial on trial $hVolume 1 $iTruth and due process $fedited by Antony Duff ... [and others] 205 $a1st ed. 210 1$aOxford $aPortland, Oregon $cHart Publishing $d2004. 215 $a1 online resource (218 p.) 300 $aBased on the proceedings of a workshop which took place in 2003. 311 $a1-84113-442-2 320 $aIncludes bibliographical references and index 327 $a1. 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 330 8 $aThe 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) 606 $aTrials$zGreat Britain 606 $2Criminal law & procedure 606 $aCriminal procedure$zGreat Britain 606 $aFair trial$zGreat Britain 606 $aTrials$xPhilosophy 606 $aFair trial 615 0$aTrials 615 0$aCriminal procedure 615 0$aFair trial 615 0$aTrials$xPhilosophy. 615 0$aFair trial. 676 $a345.07 702 $aDuff$b Antony 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910784280103321 996 $aThe trial on trial$93827782 997 $aUNINA