"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."--Provided by publisher.
"First published 2009 by Ashgate Publishing"--title page verso.
Formatted Contents Note
part PART I: THE RIGHT TO TRIAL BY JURY chapter 1 The Sacred Cow of Trial by Jury chapter 2 The Courage of Our Convictions chapter 3 The Right to Trial by Jury part PART II: LAY PARTICIPATION chapter 4 Lay Participation in Decision Making: A Croatian Perspective on Mixed Tribunals chapter 5 Democratic Accountability and Lay Participation in Criminal Trials part PART III: JURY NULLIFICATION chapter 6 The Myth ofthe Nullifying Jury chapter 7 A Defence of Jury Nullification part PART IV: TRIAL REFORM chapter 8 The Lamp That Shows That Freedom Lives- Is It Worth the Candle? chapter 9 The Case for Jury Waiver chapter 10 Modes of Trial: Shifting the Balance Towards the Professional Judge part PART V: THE CIVIL TRIAL chapter 11 Why Judges, Not Juries, Should Set Punitive Damages chapter 12 Decisionmaking about General Damages: A Comparison of Jurors, Judges, and Lawyers part PART VI: TRIALS AND TERRORISM chapter 13 Terrorism on Trial: The President's Constitutional Authority to Order the Prosecution of Suspected Terrorists by Military Commission chapter 14 Judicial Review of Counter-Terrorism Measures: The Israeli Model for the Role of the Judiciary during the Terror Era.