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Complementarity and the Obligation to Investigate and Prosecute

Jann K. Kleffner

in Complementarity in the Rome Statute and National Criminal Jurisdictions

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199238453
eISBN:
9780191716744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238453.003.0006
Subject:
Law, Public International Law

This chapter addresses the question whether and to what extent the Statute obliges States to exercise their jurisdiction over ICC crimes. It concludes that the Statute imposes on States Parties, ... More


The Scope of Application of the Right to a Fair Trial in Criminal Matters

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0002
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter discusses the scope of application of a person's right to a fair trial in criminal matters. An examination of the cases in which a violation of Article 6 of the European Convention on ... More


Prosecutorial Manipulation or Misuse of Process

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines situations in which ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair ... More


The Abuse of Process Doctrine and Criminal Justice

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter begins with a brief discussion of the primary aim of the book, which is to analyse the courts' power to stay criminal proceedings which are deemed as an ‘abuse of the process of the ... More


The Right to be Presumed Innocent

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The right to be presumed innocent is spelled out in the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on ... More


Police Misconduct at the Investigatory Stage

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines to what extent pre-trial police misconduct may lead to a prosecution being stayed as an abuse of process. It shows that it is possible for a stay of proceedings to be ordered on ... More


Procedural Issues

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter considers various procedural issues associated with the exercise of the judicial power to stay proceedings as an abuse of process. It is shown that while the exercise of judicial ... More


Human Rights in Criminal Proceedings

Stefan Trechsel

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.001.0001
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

During the last 50 years, interest in human rights has grown dramatically. While newspapers focus mainly on dramatic issues such as unlawful killing, torture, disappearances, or violations of freedom ... More


Delay, Lost or Destroyed Evidence, and Adverse Publicity

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter discusses the applicability of the abuse of process doctrine in the context of delay, lost or destroyed evidence, and adverse publicity. It presents considerations that are relevant to a ... More


The Right to Defend Oneself and to Have the Assistance of Counsel

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0010
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on Human Rights (ACHR) feature the right of an accused to ... More


Concluding Remarks

Salvatore Zappalà

in Human Rights in International Criminal Proceedings

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199258918
eISBN:
9780191718120
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258918.003.0007
Subject:
Law, Human Rights and Immigration, Private International Law

This chapter concludes that human rights protection before international court is, to a large extent, satisfactorily ensured. It discusses that the Nuremberg and Tokyo trials cannot be said to be ... More


Entrapment

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the manner in which allegations of entrapment, which typically arise in the context of undercover operations, have been dealt with in English law. Entrapment occurs when an ... More


Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, and Law

Brent Garland and Mark S. Frankel

in The Impact of Behavioral Sciences on Criminal Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195340525
eISBN:
9780199867219
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340525.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter begins by considering some of the commonalities and differences between behavioral genetics and neuroscience as they relate to the criminal law, including topics addressed by both ... More


The Right to be Tried Within a Reasonable Time

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0006
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

In one of its first judgments, the European Court of Human Rights clearly and convincingly set out the purpose of the right to be tried within a reasonable time: the precise aim of this provision in ... More


Conclusion

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter presents a synthesis of discussions in the preceding chapters and some concluding thoughts from the author. It argues that the existence of a judicial discretion to stay criminal ... More


The Right to Test Witness Evidence

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0011
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

With respect to the right to test witness evidence, the European Convention on Human Rights (ECHR) guarantee has a role in ensuring that the adversarial character of the proceedings is upheld. The ... More


The Protection Against Double Jeopardy

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0016
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The guarantee of protection against double jeopardy in criminal proceedings is rather complex. This chapter compares the texts of the different normative instruments and discusses the development of ... More


Human Rights in International Criminal Proceedings

Salvatore Zappalà

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199258918
eISBN:
9780191718120
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258918.001.0001
Subject:
Law, Human Rights and Immigration, Private International Law

This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the ... More


Liberty and Security of Person: The Rules on Imprisonment

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0017
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter discusses deprivations of liberty and the rules on imprisonment. The character of the human rights involved in this context differs markedly from those in relation to the guarantee of a ... More


Other Fundamental Rights Affected by Criminal Proceedings

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0020
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Most of the measures of coercion applied in criminal proceedings constitute intrusions into the private sphere of the suspect and sometimes also third persons. Another area which is particularly ... More


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