The Trial on Trial : Judgment and Calling to Account.

Half Title Page -- Title Page -- Title verso -- Preface -- Contents -- Notes on Contributors -- 1. Introduction: Judgment and Calling to Account -- 1. CALLING TO ACCOUNT -- 2. JUDGMENT AND THE CRIMINAL TRIAL -- 2. Trial and 'Fair Trial': From Peer to Subject to Citizen -- 1. INTRODUCTION -- 2. THE MEANING OF THE CRIMINAL TRIAL -- 3. MODELS OF CRIMINAL PROCESS -- 4. CITIZENSHIP AND 'FAIR TRIAL': THE STATUS OF VICTIM, DEFENDANT AND OFFENDER -- 5. CONCLUDING REMARKS: TRIAL AND ERROR -- 3. Theorising Procedural Tradition: Subjects, Objects and Values in Criminal Adjudication -- 1. (DIS)ORIENTATION IN PROCEDURAL TRADITION -- 2. SUBJECTS: DIGNITY AND HUMANE TREATMENT -- 3. OBJECTS: CRIMINAL PROCEDURE AS A MEANINGFUL INSTRUMENT OF JUSTICE -- 4. VALUES: THE MORAL PLURALISM OF CRIMINAL ADJUDICATION -- 5. THEORISING TRADITION IN CRIMINAL ADJUDICATION -- 4. The Trial and its Alternatives as Speech Situations -- 1. INTRODUCTION -- 2. RITUAL, APOLOGY AND RESTORATIVE JUSTICE -- 3. APPROACHING JUSTICE PROCEDURES THROUGH TALK -- 4. SAYING SORRY (AND MEANING IT) . . . -- 5. CONCLUSIONS -- 5. 'Who Do You Think You Are?' The Criminal Trial and Community Character -- 1. THE CRIMINAL TRIAL -- 2. THE MEANING OF MIRANDA -- 3. THE COURAGE OF CRAWFORD -- 4. COMMUNITY AND CHARACTER -- 6. Theorising Jury Reform -- 1. THE CASE FOR JURY TRIAL: THREE PERSPECTIVES -- 2. ANALYSING AND REFINING THE PERSPECTIVES -- 3. PRINCIPLED JURY REFORM -- 4. CONCLUSIONS -- 7. It's Good to Talk - Speaking Rights and the Jury -- 1. DEMOCRACY OR TRUTH? ANATOMY OF A FALSE DICHOTOMY -- 2. JURY ACTIVISM: THE US EXPERIENCE -- 3. PUTTING JURY ACTIVISM IN CONTEXT -- 4. BALANCING KNOWLEDGE AND IMPARTIALITY -- 5. THE JURY AS VICARIOUS LEARNER -- 6. EVALUATION AND INTERPRETATION -- 8. Democratic Accountability -- 1. INTRODUCTION: JURIES AND LAY JUDGES IN ENGLAND AND IN GERMANY.

2. THE STRONG CLAIM: LAY PARTICIPATION IS A NECESSARY CONDITION FOR LEGITIMATE VERDICTS -- 3. THE WEAK CLAIM: LAY PARTICIPATION IS VALUABLE -- 4. CONCLUSION -- 9. Judgment and Calling to Account: Truths, Trials and Reconciliations -- 1. INTRODUCTION -- 2. A COMPARISON -- 3. WHAT THE TRC DIDN'T SEE -- 4. TRIALS AND TRUTHS -- 5. CONCLUSION -- 10. The Political Trial and Reconciliation -- 1. A NOTE ON TERMINOLOGY -- 2. THE CONSTITUTIONALIST VIEW -- 3. THE CRITIQUE OF THE CONSTITUTIONALIST VIEW -- 4. RECONCILIATION AS A POLITICS OF INTERCEPTION -- 5. RECONCILIATION, RITUAL AND PROCEDURE -- 6. RECONCILIATION AND LAW -- 7. RECONCILIATION IN THE TRIAL -- 11. Perpetrator Proceedings and Didactic Trials -- 12. Why have a Trial when you can have a Bargain? -- 1. ARE TRIALS NECESSARY? -- 2. ARE TRIALS USEFUL? -- 3. WILL THE TRIAL SURVIVE? -- 4. CONCLUSION -- 13. Conceptions of the Trial in Inquisitorial and Adversarial Procedure -- 1. INTRODUCTION -- 2. THE IMPORTANCE OF RITUAL IN THE CRIMINAL TRIAL -- 3. REPEAT PLAYERS: JUDGES, PROSECUTORS AND DEFENCE LAWYERS IN INQUISITORIAL AND ADVERSARIAL PROCEDURE -- 4. THE ACCUSED -- 5. CONCLUSION -- 14. Theorising the Criminal Trial and Criminal Appeal: Finality, Truth and Rights -- 1. INTRODUCTION -- 2. TRUTH WITHIN CRIMINAL TRIALS: THE INEVITABILITY OF A TRUTH DEFICIT -- 3. HOW DO RIGHTS AND TRUTH OPERATE WITHIN THE CRIMINAL JUSTICE PROCESS? A SYSTEMS THEORY ANALYSIS -- 4. WHY LEGAL RIGHTS ARE NOT MORAL RIGHTS -- 5. CONCLUSION -- Index.

This book addresses the issues surrounding criminal trial such as its aims and social functions and political implications.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.