This paper inquires into whether the right to a fair trial can be restricted with regard to alleged terrorists within the framework of the ‘war on terror’.
Kai Ambos, Annika Maleen Poschadel
doaj +1 more source
Judicial Interference With Effective Assistance of Counsel [PDF]
A lawyer’s ineffective representation of a client may be attributable to a lawyer’s own personal failings. However, impairment of the right to effective assistance of counsel may also come from a trial judge’s conduct, and can takes many forms, and occur
Gershman, Bennett L.
core +3 more sources
Pleadings And Authorities [PDF]
Under customary international law, criminal defendants have a fundamental right to a fair ...
Arden
core +1 more source
THE VALUE AND ASPECTS OF THE RIGHT TO A FAIR TRIAL FROM THE PERSPECTIVE OF LEGAL SECURITY [PDF]
The study is dedicated to the right to a fair trial, with the aim of highlighting the necessity of researching and understanding its essence, dimensions, and content to successfully strengthen the internal legal mechanism for its enforcement and ...
Irina IACUB, Gheorghe COSTACHI
doaj +1 more source
Undervaluing the Right to an Interpreter: How Societal and Judicial Interests Threaten the Fairness of Multilingual Criminal Proceedings [PDF]
By its very nature, the right to a fair trial involves a balancing of competing interests. This paper examines how such a balancing process has undermined one particular fair trial right: the right to an interpreter under international law.
Dingfelder Stone, John
core
The concept of fair trial and the right to cross-examine by an accused person are fundamental in the broad spectrum of administration of justice in any jurisdiction. Both may well be said to form part of the concept of rule of law.
Alexander Martin Saba
doaj +1 more source
Special measures’ applications for victims and vulnerable and intimidated witnesses in Malaysia: New frontiers to right to a fair trial? [PDF]
Special treatment for victims and vulnerable and intimidated witnesses (VIWs) in a criminal process has developed over time in Western countries.The development of rights of victims’ and VIWs and awareness on their needs and interests in pre-trial ...
Abdul Ghafar, Abidah
core +1 more source
Balancing fairness to victims, society and defendants in the cross-examination of vulnerable witnesses: an impossible triangulation? [PDF]
This article argues that direct cross-examination of vulnerable witnesses should be removed from Australian trials, to reduce any illegitimate advantage to the defendant.
David Plater +2 more
core
Reflections on reform of Croatian criminal procedure through the perspective of the defendant's right to a fair trial [PDF]
Croatian criminal procedure has been significantly reformed in the latest, fifth legislative amendment passed in November 2013, which was supposed to fully implement the decision of the Croatian Constitutional Court of 19 July 2012 and harmonize the ...
Ivičević-Karas Elizabeta
doaj +1 more source
Legal aid and access to legal representation : re-defining the right to a fair trial [PDF]
The unmet demand for legal aid generally and for criminal law matters in particular, has grown with the expansion of crime control and restrictions on funding for publicly funded welfare and support services.
Flynn, Asher +3 more
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