By Antony Duff, Lindsay Farmer, Sandra Marshall
The trial is principal to the institutional framework of felony justice. It offers the procedural hyperlink among crime and punishment, and is the discussion board within which either guilt and innocence and sentence are decided. Its carrying on with importance is evidenced through the heated responses drawn by means of fresh British govt proposals to reform principles of legal method and facts with a purpose to modify the prestige of the trial in the felony justice technique and to restrict the function of the jury. but for all the attachment to trial through jury and to ideas safeguarding the best to a good trial there was remarkably little theoretical mirrored image at the which means of equity within the trial and legal method, the connection among principles of proof, process and sizeable legislations, or the services and normative foundations of the trial strategy. there's a desire, in different phrases, to enhance a normative realizing of the legal trial. This ebook is predicated at the court cases of 2 workshops which happened in 2003, addressing the subject matter of fact and Due strategy within the legal Trial. The essays within the ebook are interested by the query of no matter if, and in what feel, we will take the invention of fact to be the principal objective of the procedural and evidential principles and practices of felony research and trial. they're divided into 4 components addressing specific yet inter-related matters: versions of the trial; the which means of due procedure; the that means of fact and the character of proof; and legitimacy and rhetoric within the trial.
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Extra resources for The Trial on Trial, V.1: Truth and Due Process
Sample text
Should we understand the various procedures and rules that structure the trial in instrumental terms, as serving the aim of truth? If we are to determine how far criminal trials should be ‘adversarial’ in their structure, or how far ‘inquisitorial’—in so far as that distinction still has any useful role to play;58 or what the rules of evidence should be; or what role (if any) lay people should play in the trial—for instance in reaching the verdict; or any of a host of other questions about the structure of the trial: should we simply ask which procedures will make it most likely that the court will find the truth?
See also: cols 927–28; and Lord Advocate, Parliamentary Debates (HL) 1979–80, vol 404, col 1196. 13 Scottish Office, 1993 Review of Criminal Evidence and Criminal Procedure (Edinburgh, The Scottish Office, 1993). 14 The discretionary intermediate diets introduced in 1980 had quickly fallen into disuse in most courts, according to the review group, n 13 above, para 77. 15 Para 11. Very little evidence was cited to substantiate the review group’s perception that trials had lengthened (see paras 44–48).
As we consider such questions as these, we might be led to wonder whether the trial is not merely, or even at all, a forum for discovering the truth, but rather a forum for displaying or demonstrating it. On whichever model of the trial we favour in theory, or adopt in practice, there will be a requirement for someone, judges, juries or both, to come to a judgment about the truth of what they are told. That is to say, they will need to make judgments on the basis not of first person observation or experience but of the testimony of others.
