The Right to a Fair Trial in International Law

The Right to a Fair Trial in International Law
Author: Amal Clooney
Publisher: Oxford University Press, USA
Total Pages: 1057
Release: 2021-02-11
Genre: Law
ISBN: 0198808399

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.

Covering the Courts

Covering the Courts
Author: Robert Giles
Publisher: Routledge
Total Pages: 162
Release: 2017-09-25
Genre: Language Arts & Disciplines
ISBN: 1351525360

Covering the Courts shows how writers and journalists deal with present-day major trials, such as those involving Timothy McVeigh and O.J. Simpson. The volume features such outstanding contributors as Linda Deutsch and Fred Graham, and provides an in-depth look at the performance of the court in an age of heightened participation by reporters, camera operators, social scientists, major moguls of network radio and television, and advocates of special causes.The volume does far more than discuss specific cases. Indeed, it is a major tool in the study of the new relationships between a free press and a fair trial. Interestingly, a consensus is described in which the parties involved in efforts to balance freedom of the press and the right to a fair trial are moving in tandem. In this regard, sensitive issues ranging from the universality of law to the particularity of racial, religious, and gender claims, are explored with great candor.The volume also turns the intellectual discourse to its major players: the members of the press, the lawyers, and the judiciary. Has there been a shift from reporting functions to entertainment values? Does television and live presentation shift the burden from the contents of a case to the photogenic and star quality of players? What excites and intrigues the public: serious disturbances to the peace and mass mayhem, such as the Oklahoma bombings or sexual adventures of entertainment and sports figures? The findings are sometimes disturbing, but the reading is never dull. This book will be of interest to journalists, lawyers, and the interested general public.This volume is the latest in the Transaction Media Studies Series edited by Everette E. Dennis, dean of the school of communication at Fordham University. The volume itself is edited by Robert Giles, the editor, and Robert W. Snyder, the managing editor, of Media Studies Journal. The original contributions were initially presented at The Freedom Forum and its Media Studies Center.

Justice and the Media

Justice and the Media
Author: Matthew D. Bunker
Publisher: Routledge
Total Pages: 160
Release: 2013-10-16
Genre: Language Arts & Disciplines
ISBN: 1136694412

USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First Amendment right of free speech is a fragile one. Its fragility is found no less in legal opinions than in other, less specialized forms of public discourse. Both its fragility and its sometimes surprising resiliency are reflected in this book. It provides an examination of how the U.S. Supreme Court has dealt with the problem of restrictions on media coverage of the criminal justice system, as well as how lower courts have interpreted the law created by the Supreme Court. The author explores the degree to which the Court has created a coherent body of law that protects free expression values while permitting reasonable government regulation, and examines the Supreme Court's jurisprudence concerning prior restraints, post-publication sanctions on the press, and their right of access to criminal proceedings. This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy. The book's greatest strength lies in its thorough analysis and critique of how judges apply First Amendment doctrine to the complex problem of providing for both a "free press" and "fair trials." Much of the available literature on this topic focuses on legal doctrine, but with attention to the legal rules that emerge from the courts, rather than examining and critiquing the judicial techniques that produce those rules. Moreover, although a significant body of scholarship has explored Supreme Court doctrine, this work is one of the few that trace the influence of those doctrines through lower federal court decisions. The hope is to produce a reasonably accurate -- if partial -- picture of how intermediate appellate and trial courts use U.S. Supreme Court doctrine to decide First Amendment cases. Note: This book is necessarily influenced by the 'round-the-clock' press coverage of the recent O.J. Simpson trial. Although the Simpson case did not make new law, the trial and its outcome seem to be -- at this writing -- an inescapable part of how many people think about these issues. The simple truth, however, is that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system. While the venerable "parade of horribles" can be an effective strategy for the legal advocate, it is not always the ideal way to address larger concerns, particularly when fundamental rights are at stake.

Fair Trials

Fair Trials
Author: Sarah J Summers
Publisher: Bloomsbury Publishing
Total Pages: 208
Release: 2007-08-10
Genre: Law
ISBN: 1847313752

The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.

The Right to a Fair Trial

The Right to a Fair Trial
Author: Thom Brooks
Publisher: Routledge
Total Pages: 532
Release: 2017-07-05
Genre: History
ISBN: 1351541005

The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.

Free Press Vs. Fair Trials

Free Press Vs. Fair Trials
Author: Jon Bruschke
Publisher: Routledge
Total Pages: 366
Release: 2003-12-08
Genre: Language Arts & Disciplines
ISBN: 113563078X

Current research on media and the law has generally been atheoretical and contradictory. This volume explains why pretrial publicity is unlikely to affect the outcome of most jury trials, despite many experimental studies claiming to show the influence of publicity. It reviews existing literature on the topic and includes results from the authors' own research in an effort to answer four questions: *Does pretrial publicity bias the outcome of trials? *If it has an effect, under what conditions does this effect emerge? *What remedies should courts apply in situations where pretrial publicity may have an effect? *How does pretrial publicity relate to broader questions of justice? Reporting research based on actual trial outcomes rather than on artificial laboratory studies, Free Press vs. Fair Trials examines publicity in the context of the whole judicial system and media system. After a thorough review of research into pretrial publicity, the authors argue that the criminal justice system's remedies are likely to be effective in most cases and that there are much larger obstacles confronting defendants than publicity. This book presents the first extensive study of the influence of pretrial publicity on actual criminal trials, with results that challenge years of experimental research and call for more sophisticated study of the intersection of media and criminal justice. It is required reading for scholars in media law, media effects, legal communication, criminal justice, and related areas.

Amnesty International Fair Trial Manual

Amnesty International Fair Trial Manual
Author: Amnesty International
Publisher:
Total Pages: 0
Release: 2014
Genre: Criminal procedure
ISBN: 9780862104849

"A practical and authoritative guide to international and regional standards for fair trial. These standards set out minimum guarantees designed to protect the right to a fair trial in criminal proceedings. The Manual explains how fair trial rights have been interpreted by human rights bodies and by international courts. It covers rights before and during trial, and during appeals. It also covers special cases, including death penalty trials, cases brought against children, and fair trial rights during armed conflict"--

Chasing Gideon

Chasing Gideon
Author: Karen Houppert
Publisher: New Press, The
Total Pages: 290
Release: 2013-03-19
Genre: Law
ISBN: 1595588698

On March 18, 1963, in one of its most significant legal decisions, the U.S. Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants facing significant jail time have the constitutional right to a free attorney if they cannot afford their own. Fifty years later, 80 percent of criminal defendants are served by public defenders. In a book that combines the sweep of history with the intimate details of individual lives and legal cases, veteran reporter Karen Houppert movingly chronicles the stories of people in all parts of the country who have relied on Gideon’s promise. There is the harrowing saga of a young man who is charged with involuntary vehicular homicide in Washington State, where overextended public defenders juggle impossible caseloads, forcing his defender to go to court to protect her own right to provide an adequate defense. In Florida, Houppert describes a public defender’s office, loaded with upward of seven hundred cases per attorney, and discovers the degree to which Clarence Earl Gideon’s promise is still unrealized. In New Orleans, she follows the case of a man imprisoned for twenty-seven years for a crime he didn’t commit, finding a public defense system already near collapse before Katrina and chronicling the harrowing months after the storm, during which overworked volunteers and students struggled to get the system working again. In Georgia, Houppert finds a mentally disabled man who is to be executed for murder, despite the best efforts of a dedicated but severely overworked and underfunded capital defender. Half a century after Anthony Lewis’s award-winning Gideon’s Trumpet brought us the story of the court case that changed the American justice system, Chasing Gideon is a crucial book that provides essential reckoning of our attempts to implement this fundamental constitutional right.

Gideon's Trumpet

Gideon's Trumpet
Author: Anthony Lewis
Publisher: Vintage
Total Pages: 290
Release: 2011-09-14
Genre: History
ISBN: 030780528X

The classic bestseller from a two-time Pulitzer Prize-winning journalist that tells the compelling true story of one man's fight for the right to legal counsel for every defendent. A history of the landmark case of Clarence Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.

Fair Trial, Free Press

Fair Trial, Free Press
Author: American Bar Association. Legal Advisory Committee on Fair Trial and Free Press
Publisher:
Total Pages: 72
Release: 1974
Genre: Crime and the press
ISBN: