- Copyright Page
- Notes on the Contributors
- Criminal Process in the Dual Penal State: A Comparative-Historical Analysis
- Fundamental Values of Criminal Procedure
- Empirical Approaches to Criminal Procedure
- Comparative Approaches to Criminal Procedure: Transplants, Translations, and Adversarial-Model Reforms in European Criminal Process
- The European Convention on Human Rights and the European Court of Human Rights as Guardians of Fair Criminal Proceedings in Europe
- The European Union and the Rights of Individuals in Criminal Proceedings
- The Place of the Prosecutor in Common Law and Civil Law Jurisdictions
- Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
- Defense Rights, Duties, Norms, and Practices in Common Law and Civil Law Jurisdictions
- Procedural Roles: Professional Judges, Lay Judges, and Lay Jurors
- Rights and Duties of Experts
- Conceptualizing the Victim within Criminal Justice Processes in Common Law Tradition
- Victim Rights in Civil Law Jurisdictions
- Betrayal by Bosses: Undercover Policing and the Problem of “Upstream Defection” by Rogue Principals
- Interviews of Suspects of Crime: Law and Practice in European Countries
- Interrogation Law and Practice in Common Law Jurisdictions
- Digital Civil Liberties and the Translation Problem
- Prosecution-Led Investigations and Measures of Procedural Coercion in the Field of Corruption
- International Corporate Prosecutions
- Special Procedures for White-Collar and Corporate Wrongdoing: A European Perspective
- Double Jeopardy and <i>Ne Bis in Idem</i> in Common Law and Civil Law Jurisdictions
- Jurisdiction and Transnational <i>Ne Bis in Idem</i> in Prosecution of Transnational Crimes
- Detention before Trial and Civil Detention of Dangerous Individuals
- Pretrial and Civil Detention of “Dangerous” Individuals in Common Law Jurisdictions
- Evidence Discovery and Disclosure in Common Law Jurisdictions
- Access to and Limits on Evidence Dossiers in Civil Law Systems
- Transnational Access to Evidence, Witnesses, and Suspects
- International Law and Treaty Obligations, Mutual Legal Assistance, and EU Instruments
- Challenges of Trial Procedure Reform: Is European Union Legislation Part of the Solution or Part of the Problem?
- Trial Procedures in Response to Terrorism
- Criminalization and Quasi-criminalization of Terrorism: Emerging Trends and Tensions with Human Rights Law in the UK
- Comparing Plea Bargaining and Abbreviated Trial Procedures
- Plea Bargaining under the Common Law
- Forensic Science Evidence, Adversarial Criminal Proceedings, and Mainstream Scientific “Advice”
- Beyond Common Law Evidence: Reimagining, and Reinvigorating, Evidence Law as Forensic Science
- Exclusion of Wrongfully Obtained Evidence: A Comparative Analysis
- Rights and Methods to Challenge Evidence and Witnesses in Civil Law Jurisdictions
- The Confrontation Right
- Comparative Assessment of Sentencing Laws, Practices, and Trends
- Restorative Justice as an Alternative to Penal Sanctions
- Appeal and Cassation in Continental European Criminal Justice Systems: Guarantees of Factual Accuracy, or Vehicles for Administrative Control?
- Exceptional Procedures to Correct Miscarriages of Justice in Common Law Systems
- Pluralism in International Criminal Procedure
- Index
Abstract and Keywords
This chapter compares defense rights, duties, norms, and practices in common law and civil law jurisdictions. It first provides an overview of international norms regarding defense rights, focusing on the elements of the right to fair trial that are substantially reflected in international normative instruments. It then examines the “role” of the suspects and the accused in common law and civil law systems, along with the range of defense rights, at both the investigative and trial stages, and how they may be articulated, using the European Union’s procedural rights program as an exemplar. It also highlights the challenges to implementation across both adversarial and inquisitorial jurisdictions. Finally, it asks whether normative standards may be meaningfully applied across jurisdictions in the context of different procedural traditions, and the significance of criminal justice processes in the development and confirmation of national identities.
Keywords: defense rights, common law jurisdictions, civil law jurisdictions, international norms, fair trial rights, suspects, accused, European Union, procedural rights, criminal justice
Emeritus Professor of Criminal Law and Practice, University of the West of England, Bristol
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- Copyright Page
- Notes on the Contributors
- Criminal Process in the Dual Penal State: A Comparative-Historical Analysis
- Fundamental Values of Criminal Procedure
- Empirical Approaches to Criminal Procedure
- Comparative Approaches to Criminal Procedure: Transplants, Translations, and Adversarial-Model Reforms in European Criminal Process
- The European Convention on Human Rights and the European Court of Human Rights as Guardians of Fair Criminal Proceedings in Europe
- The European Union and the Rights of Individuals in Criminal Proceedings
- The Place of the Prosecutor in Common Law and Civil Law Jurisdictions
- Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
- Defense Rights, Duties, Norms, and Practices in Common Law and Civil Law Jurisdictions
- Procedural Roles: Professional Judges, Lay Judges, and Lay Jurors
- Rights and Duties of Experts
- Conceptualizing the Victim within Criminal Justice Processes in Common Law Tradition
- Victim Rights in Civil Law Jurisdictions
- Betrayal by Bosses: Undercover Policing and the Problem of “Upstream Defection” by Rogue Principals
- Interviews of Suspects of Crime: Law and Practice in European Countries
- Interrogation Law and Practice in Common Law Jurisdictions
- Digital Civil Liberties and the Translation Problem
- Prosecution-Led Investigations and Measures of Procedural Coercion in the Field of Corruption
- International Corporate Prosecutions
- Special Procedures for White-Collar and Corporate Wrongdoing: A European Perspective
- Double Jeopardy and <i>Ne Bis in Idem</i> in Common Law and Civil Law Jurisdictions
- Jurisdiction and Transnational <i>Ne Bis in Idem</i> in Prosecution of Transnational Crimes
- Detention before Trial and Civil Detention of Dangerous Individuals
- Pretrial and Civil Detention of “Dangerous” Individuals in Common Law Jurisdictions
- Evidence Discovery and Disclosure in Common Law Jurisdictions
- Access to and Limits on Evidence Dossiers in Civil Law Systems
- Transnational Access to Evidence, Witnesses, and Suspects
- International Law and Treaty Obligations, Mutual Legal Assistance, and EU Instruments
- Challenges of Trial Procedure Reform: Is European Union Legislation Part of the Solution or Part of the Problem?
- Trial Procedures in Response to Terrorism
- Criminalization and Quasi-criminalization of Terrorism: Emerging Trends and Tensions with Human Rights Law in the UK
- Comparing Plea Bargaining and Abbreviated Trial Procedures
- Plea Bargaining under the Common Law
- Forensic Science Evidence, Adversarial Criminal Proceedings, and Mainstream Scientific “Advice”
- Beyond Common Law Evidence: Reimagining, and Reinvigorating, Evidence Law as Forensic Science
- Exclusion of Wrongfully Obtained Evidence: A Comparative Analysis
- Rights and Methods to Challenge Evidence and Witnesses in Civil Law Jurisdictions
- The Confrontation Right
- Comparative Assessment of Sentencing Laws, Practices, and Trends
- Restorative Justice as an Alternative to Penal Sanctions
- Appeal and Cassation in Continental European Criminal Justice Systems: Guarantees of Factual Accuracy, or Vehicles for Administrative Control?
- Exceptional Procedures to Correct Miscarriages of Justice in Common Law Systems
- Pluralism in International Criminal Procedure
- Index