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Equality Of Arms
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Book Synopsis The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights by : Omkar Sidhu
Download or read book The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights written by Omkar Sidhu and published by . This book was released on 2017 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background to Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight into equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and in international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The book argues that the most important of these constituent elements--the requirement of 'disadvantage'--is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the book's survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance. The end result is a book for both scholars and practitioners that will not only forge an enhanced general understanding of procedural fairness safeguards and standards, including from a historical perspective, but also provoke, more specifically, new reflection on the concept of equality of arms.
Book Synopsis The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights by : Omkar Sidhu
Download or read book The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights written by Omkar Sidhu and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resumen: 1. A Background for Article 6 - 2. Equality of Arms - 3. Equality of Arms and the Right to Challenge and Call Witness Evidence - 4. Equality of Arms and the Right to Adequate Time and Facilities.
Book Synopsis The Principle of Equality of Arms in International Criminal Proceedings by : Mascha Fedorova
Download or read book The Principle of Equality of Arms in International Criminal Proceedings written by Mascha Fedorova and published by Intersentia Uitgevers N V. This book was released on 2012 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure. The practice of these courts presents some substantial challenges to achieving a meaningful equality of arms in the context in which these courts operate. Before studying the law and jurisprudence of the International Criminal Tribunals - for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Extraordinary Chambers in the Courts of Cambodia - the historical roots and the meaning of the principle of equality of arms are examined from two perspectives: the human rights perspective and the criminal process perspective. Subsequently, four themes that are central to understanding the principle of equality of arms in the international criminal context are discussed. First, the focus is on the investigation stage of the criminal process and the ability of the parties to prepare for trial. Next, the study takes a closer look at the system of disclosure of materials that were collected during investigations. Third, attention is paid to the issue of the perceived inequality in resources and facilities between the parties and the institutionally unequal positioning of the defense. Last, issues concerning the presentation of the case at the trial stage - such as the time and the number of witnesses the parties are allowed to present and the issues relating to the examination of witnesses and the admissibility of evidence - are examined. The book concludes with general observations on the scope and proper understanding of the principle of fairness, the right to a fair trial, and the principle of equality of arms. (Series: School of Human Rights Research - Vol. 55)
Author :Malgorzata Wasek-Wiaderek (Auteur) Publisher :Leuven University Press ISBN 13 :9789058670908 Total Pages :68 pages Book Rating :4.6/5 (79 download)
Book Synopsis The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries by : Malgorzata Wasek-Wiaderek (Auteur)
Download or read book The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries written by Malgorzata Wasek-Wiaderek (Auteur) and published by Leuven University Press. This book was released on 2000 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.
Book Synopsis The Principle of Equality of Arms in International Criminal Justice by : Özge Bengüsu
Download or read book The Principle of Equality of Arms in International Criminal Justice written by Özge Bengüsu and published by . This book was released on 2019-03-19 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where the State as prosecutor has an enormous power advantage, the principle of equality of arms is fundamental to achieving a fair trial guarantee, to enable the accused a full opportunity to defend him/herself under conditions that do not place him at a substantial disadvantage.The principle, which is evolving to become a right of the accused in international criminal law, provides not only procedural but also substantial and material equality, and should be given more importance in the international criminal field. Dr. Bengüsu offers a detailed analysis of the principle of equality of arms and interprets the principle through extensive examination of proceedings before international criminal courts, before proposing a detailed Article to be adopted by the ICC. This is essential reading for anyone directly interested in the human rights of the accused, and provides important insight for legal students, practicing lawyers, and interested laypersons
Book Synopsis Equality of Arms in International Criminal Law by : Charles C. Jalloh
Download or read book Equality of Arms in International Criminal Law written by Charles C. Jalloh and published by . This book was released on 2017 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter considers the meaning of “equality of arms” between the prosecution and defense in modern international criminal law. The analysis reveals the disparity between the theory and practice, and shows how this oft mentioned principle in the jurisprudence and the literature is a lofty goal that seems to be applied feebly. The paper starts out by examining how international criminal courts define and apply the phrase in concrete cases, and offers multiple examples of courts shying away from ensuring the substantive equality of the parties in favor of reading the right as a mere procedural guarantee. Following a brief discussion of the link between equality of arms and the right to a fair and public trial, the authors argue that equality of arms is more than a simple fair trial right; it is an expansive institutional entitlement which is impacted by the lack of structural independence of defense offices in all but one international criminal court. The chapter uses the glaring inequality in investigative resources between the prosecution and the defense as a case study to advocate for special attention to the substantive enjoyment of equality of arms during the important investigative stages of such trials. In addition, the authors assess the out-of-court structural and resource inequalities that further stack the deck against defendants. They show how greater prosecution compliance with the statutory duty to collect and disclose both incriminating as well as exculpatory evidence in the permanent International Criminal Court could serve as one mechanism to help improve the substantive position of the defense and the fairness of international criminal trials.
Book Synopsis Equality of Arms by : Abdul Azeez H.
Download or read book Equality of Arms written by Abdul Azeez H. and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the extent of application of the principle of equality of arms as evolved by the jurisprudence of European Court of Human Rights as an effective mechanism of fair trial guarantee under the European Convention on Human Rights on a comparative perspective with that of India. It identifies, in the light of Convention, Constitutional provisions, legislative framework and the analysis of case law that India has been effectively applying the principle of 'equality of arms' in criminal trials. More particularly, the book examines procedural protection guaranteed of the rights of the accused to defend his side on par with that of prosecution between these two legal systems, viz., national in the case of India and super national in the case of European Court of Human Rights. The enthusiasm for the application of the procedural equality by India has not been found with the European Court of Human Rights until recently.
Book Synopsis The Principle of Equality of Arms in Criminal Procedure Under Article 6 of the European Convention on Human Rights by :
Download or read book The Principle of Equality of Arms in Criminal Procedure Under Article 6 of the European Convention on Human Rights written by and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equality of Arms by : Jesper Nikolajsen
Download or read book Equality of Arms written by Jesper Nikolajsen and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equality of Arms and Aspects of the Right to a Fair Trial in Botswana by : Rowland James Victor Cole
Download or read book Equality of Arms and Aspects of the Right to a Fair Trial in Botswana written by Rowland James Victor Cole and published by . This book was released on 2010 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equality of Arms - the Need for Prosecutorial Discovery by : Amarjeet Singh
Download or read book Equality of Arms - the Need for Prosecutorial Discovery written by Amarjeet Singh and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Right of Defence and the Principle of Equality of Arms in the Criminal Procedure in Bulgaria by : Maria Yordanova
Download or read book Right of Defence and the Principle of Equality of Arms in the Criminal Procedure in Bulgaria written by Maria Yordanova and published by CSD. This book was released on 2012 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defense Perspectives on International Criminal Justice by : Colleen Rohan
Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Book Synopsis Our Declaration: A Reading of the Declaration of Independence in Defense of Equality by : Danielle Allen
Download or read book Our Declaration: A Reading of the Declaration of Independence in Defense of Equality written by Danielle Allen and published by W. W. Norton & Company. This book was released on 2014-06-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Francis Parkman Prize, Society of American Historians “A tour de force. . . . No one has ever written a book on the Declaration quite like this one.”—Gordon Wood, New York Review of Books Featured on the front page of the New York Times, Our Declaration is already regarded as a seminal work that reinterprets the promise of American democracy through our founding text. Combining a personal account of teaching the Declaration with a vivid evocation of the colonial world between 1774 and 1777, Allen, a political philosopher renowned for her work on justice and citizenship reveals our nation’s founding text to be an animating force that not only changed the world more than two-hundred years ago, but also still can. Challenging conventional wisdom, she boldly makes the case that the Declaration is a document as much about political equality as about individual liberty. Beautifully illustrated throughout, Our Declaration is an “uncommonly elegant, incisive, and often poetic primer on America’s cardinal text” (David M. Kennedy).
Book Synopsis Victims' Rights, Human Rights and Criminal Justice by : Jonathan Doak
Download or read book Victims' Rights, Human Rights and Criminal Justice written by Jonathan Doak and published by Bloomsbury Publishing. This book was released on 2008-04-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.
Book Synopsis Mobilizing for Human Rights by : Beth A. Simmons
Download or read book Mobilizing for Human Rights written by Beth A. Simmons and published by Cambridge University Press. This book was released on 2009-10-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
Book Synopsis Artificial Intelligence, Computational Modelling and Criminal Proceedings by : Serena Quattrocolo
Download or read book Artificial Intelligence, Computational Modelling and Criminal Proceedings written by Serena Quattrocolo and published by Springer Nature. This book was released on 2020-08-27 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of ‘predictive justice’ in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of ‘prediction’ in criminal proceedings.
