The Trial on Trial: Volume 2

What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.

Auteur

Antony Duff is Professor of Philosophy at the University of Stirling.
Lindsay Farmer is Professor of Law at the University of Glasgow.
Sandra Marshall is Professor of Philosophy in the University of Stirling.
Victor Tadros is a Professor of Law at the University of Warwick.

Contenu

1. Introduction: Judgment and Calling to Account
   Antony Duff, Lindsay Farmer, Sandra Marshall, Victor Tadros

2. Trial and 'Fair Trial': From Peer to Subject to Citizen
   Mireille Hildebrandt

3. Theorising Procedural Tradition: Subjects, Objects and Values in Criminal Adjudication
   Paul Roberts

4. The Trial and its Alternatives as Speech Situations
   Evi Girling, Marion Smith and Richard Sparks

5. 'Who do you Think you Are?' The Criminal Trial and Community Character
   Sherman J Clark

6. Theorising Jury Reform
   Mike Redmayne

7. It's Good to Talk-Speaking Rights and the Jury
   Burkhard Schäfer and Olav K Wiegand

8. Democratic Accountability and Lay Participation in Criminal Trials
   Tatjana Hörnle

9. Judgment and Calling to Account: Truths, Trials and Reconciliations
   Scott Veitch

10. The Political Trial and Reconciliation
    Bert van Roermund

11. Perpetrator Proceedings and Didactic Trials
    Lawrence Douglas

12. Why have a Trial when you can have a Bargain?
    Thomas Weigend

13. Conceptions of the Trial in Inquisitorial and Adversarial Procedure
    Jacqueline Hodgson

14. Theorising the Criminal Trial and Criminal Appeal: Finality, Truth and Rights
    Richard Nobles and David Schiff