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Fair Trial Rights of the Accused

Author : Ronald Banaszak
Publisher : Bloomsbury Publishing USA
Page : 256 pages
File Size : 41,44 MB
Release : 2001-10-30
Category : History
ISBN : 0313007004

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Use this collection of over 60 primary documents to trace the evolution of trial rights from English and colonial beginnings to our contemporary understanding of their meaning. Court cases and other documents bring to life the controversies that have historically surrounded the rights of those who have been accused in the American legal system. Explanatory introductions to documents aid users in understanding the various arguments put forth and the context in which the document was written, while illuminating the significance of each document. Students will be able to trace how the expansion of trial rights is directly correlated to historical events and social concerns. Documents are arranged chronologically to provide readers with a clear view of the long convoluted history of these rights in our country and to clearly illustrate how trial rights have grown over time to provide more protection for a growing number of individuals. A general introduction to the volume further explores the history of the concept of trial rights to provide a complete reference resource to complicated issues.

Fair Trial

Author : David J. Bodenhamer
Publisher : OUP USA
Page : 192 pages
File Size : 42,35 MB
Release : 2008-02-28
Category : History
ISBN : 9780195055597

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The only comprehensive survey of rights of the accused in American history, this new text guides the reader through the development of these rights and their central relationship to liberty, justice, and social order. Integrating legal, social, and political history, Fair Trial focuses on the defendant's rights in theory and practice and traces developments in local and state courts as well as in the U.S. Supreme Court, recognizing that, throughout history, the expression and protection of rights has most often been a matter of local concern. The second volume in the Bicentennial Essays on the Bill of Rights series, co-sponsored by the Organization of American Historians and Oxford University Press, this is an essential introduction to criminal due process and its importance to American liberty.

The Constitutional Right to a Speedy and Fair Criminal Trial

Author : Warren Freedman
Publisher : Praeger
Page : 200 pages
File Size : 48,98 MB
Release : 1989-01-20
Category : Law
ISBN :

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Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respected. Freedman begins with an introduction to the concept and historical background of the speedy and fair trial. Turning to an examination of constitutional guarantees, he fully reviews the sixth and fourteenth amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the role of the jury, and related statutes such as The Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout, analyses of applicable case law and precedent-setting court decisions illuminate the discussion. An indispensable resource for attorneys in criminal, corporate, and private practice, this volume clearly delineates not only the foundations of speedy and fair trial guarantees but also the many factors that can work against them in today's often overburdened judicial system.

Do Exclusionary Rules Ensure a Fair Trial?

Author : Sabine Gless
Publisher : Springer
Page : 387 pages
File Size : 32,35 MB
Release : 2019-04-17
Category : Law
ISBN : 3030125203

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This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

The Right to a Fair Trial in International Law

Author : Amal Clooney
Publisher : Oxford University Press, USA
Page : 1057 pages
File Size : 30,75 MB
Release : 2021-02-11
Category : Law
ISBN : 0198808399

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This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Fair Trial Rights of the Accused

Author : Ronald Banaszak
Publisher : Greenwood
Page : 0 pages
File Size : 42,69 MB
Release : 2002
Category : History
ISBN : 0313305250

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Use this collection of over 60 primary documents to trace the evolution of trial rights from English and colonial beginnings to our contemporary understanding of their meaning. Court cases and other documents bring to life the controversies that have historically surrounded the rights of those who have been accused in the American legal system. Explanatory introductions to documents aid users in understanding the various arguments put forth and the context in which the document was written, while illuminating the significance of each document. Students will be able to trace how the expansion of trial rights is directly correlated to historical events and social concerns. Documents are arranged chronologically to provide readers with a clear view of the long convoluted history of these rights in our country and to clearly illustrate how trial rights have grown over time to provide more protection for a growing number of individuals. A general introduction to the volume further explores the history of the concept of trial rights to provide a complete reference resource to complicated issues.

The Right to a Fair Trial

Author : Enid W. Langbert
Publisher : Greenhaven Publishing
Page : 136 pages
File Size : 22,90 MB
Release : 2005
Category : Juvenile Nonfiction
ISBN : 9780737719390

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Traces the evolution of the 6th Amendment through documents and Supreme Court rulings to reveal the ongoing effort to define the exact meaning of the text and apply its abstract concepts to real-world cases.

Language and the Right to Fair Hearing in International Criminal Trials

Author : Catherine S. Namakula
Publisher : Springer Science & Business Media
Page : 165 pages
File Size : 28,12 MB
Release : 2013-10-07
Category : Law
ISBN : 331901451X

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Language and the Right to Fair Hearing in International Criminal Trials explores the influence of the dynamic factor of language on trial fairness in international criminal proceedings. By means of empirical research and jurisprudential analysis, this book explores the implications that conducting a trial in more than one language can have for the right to fair trial. It reveals that the language debate is as old as international criminal justice, but due to misrepresentation of the status of language fair trial rights in international law, the debate has not yielded concrete reforms. Language is the core foundation for justice. It is the means through which the rights of the accused are secured and exercised. Linguistic complexities such as misunderstandings, translation errors and cultural distance among participants in international criminal trials affect courtroom communication, the presentation and the perception of the evidence, hence jeopardizing the foundations of a fair trial. The author concludes that language fair trial rights are priority rights situated in the minimum guarantees of fair criminal trial; the obligation of the court to ensure fair trial or accord the accused person a fair hearing also includes the duty to ensure they can understand and be understood.