Jump to ContentJump to Main Navigation

You are looking at 1-20 of 69 items

  • Keywords: fair trial x
Clear All Modify Search

View:

Delayed Prosecution for Childhood Sexual Abuse

Penney Lewis

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.001.0001
Subject:
Law, Criminal Law and Criminology

That childhood sexual abuse (CSA) is one of society's most pressing concerns is not in doubt. Not only is serious harm, both mental and physical, frequently caused to the victim, but families and ... More


The Development of the Right to Self-Representation before the International Criminal Tribunals

Gillian Higgins

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0012
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the way in which the ad hoc Tribunals have sought to balance the right of an accused to represent themselves with the interests of justice and the expeditious conduct of ... More


The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential Legacy

Wayne Jordash and John Coughlan

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0013
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter highlights the evolution of the ad hoc Tribunals' approach to the specificity of indictments. This is an issue at the very heart of the fairness of international criminal justice and ... More


Abuse of Process

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0003
Subject:
Law, Criminal Law and Criminology

Courts in most common law jurisdictions have the power to stay criminal proceedings on the ground that the trial would be an abuse of the court's process. A stay on the grounds of abuse of process is ... More


Introduction

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/9780199258918.003.0001
Subject:
Law, Human Rights and Immigration, Private International Law

This chapter presents the main goal of this study which is to establish the scope of the amendments on the human rights laws and the resulting procedural system in enhancing the protection of the ... More


Free Speech and the Judicial Process

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0009
Subject:
Law, Human Rights and Immigration

Powerful private institutions, such as the press and other media, should respect fundamental constitutional rights such as the right to a fair trial, a perspective which may require the courts to ... More


The General Right to a Fair Trial

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/9780199271207.003.0004
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

In its standard formula for the definition of the right to a fair trial, the European Convention on Human Rights (ECHR) mentions two aspects: the principle of equality of arms and the right to ... More


Trial of Foreign Terrorist Suspects

Moeckli Daniel

in Human Rights and Non-discrimination in the 'War on Terror'

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199239801
eISBN:
9780191716829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239801.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses the trial of alleged terrorists by special tribunals. It demonstrates that the right to equality before the courts — one of the most important aspects of the right to ... More


Judicial Creativity at the International Criminal Tribunals

Shane Darcy and Joseph Powderly (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

As the International Criminal Tribunals for the former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these ... More


Multiple Allegations

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0008
Subject:
Law, Criminal Law and Criminology

Many CSA cases involve multiple complaints and/or multiple complainants. Rules based on the balance of probative value and prejudicial effect generally govern the admissibility of evidence of any ... More


The Conduct of the Trial

Neil Boister and Robert Cryer

in The Tokyo International Military Tribunal - A Reappraisal

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199278527
eISBN:
9780191706950
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278527.003.0005
Subject:
Law, Public International Law

This chapter explores aspects of the process used at the trial in order to decide whether the goal of holding a fair trial was achieved, when measured against the standards prevailing at the time. ... More


Limits on Prosecution

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0002
Subject:
Law, Criminal Law and Criminology

The law in some jurisdictions contains provisions which limit the state's ability to prosecute cases of childhood sexual abuse which have been reported after a delay. Such limits may be statutory, in ... More


Prohibition

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0004
Subject:
Law, Criminal Law and Criminology

In Ireland, an accused person facing a trial on charges relating to a delayed complaint can make a judicial review application for an order of prohibition in a civil court. The defendant's ... More


Realizing the Potential of Instructions to Disregard

Linda J. Demaine

in Memory and Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199920754
eISBN:
9780199950133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199920754.003.0008
Subject:
Psychology, Cognitive Neuroscience, Forensic Psychology

The chapter addresses a longstanding issue of import to the courts—what instructions to disregard trial judges should issue when jurors are exposed to unfairly prejudicial inadmissible evidence. ... More


The ICTY's Continuing Struggle with the Right to Self-representation

Jarinde Temminck Tuinstra

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0013
Subject:
Law, Public International Law, Criminal Law and Criminology

The right to legal assistance is a fundamental safeguard for a fair trial. There is no international legal standard as to how to deal with the waiver of legal representation. Nonetheless, the fact ... More


Fundamental Common Law Rights and Equality

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0008
Subject:
Law, Constitutional and Administrative Law

In Australia, the State and Commonwealth constitutions may independently reconcile parliamentary sovereignty and the rule of law. A harmony of constitutional doctrine is obtained, without recourse 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


Conclusion

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0009
Subject:
Law, Criminal Law and Criminology

Retrospective assessment of trial fairness may take place at the end of the prosecution or defence case or on appeal. The advantages of retrospective over prospective assessment revolve around the ... More


Judicial Safeguards

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

The European Court of Human Rights (ECtHR) has broadened the scope of the right to a fair trial based on the rule of law to include access to court, the requirement that judicial decisions must be ... More


Orality and the Right to a Fair Trial

Louise Ellison

in The Adversarial Process and the Vulnerable Witness

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299097
eISBN:
9780191685613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299097.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines the principle of orality in relation to the right to a fair trial in Great Britain. It discusses due process concerns and claims that special protective procedures infringe the ... More


View: