基本説明
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? These issues are addressed by the essays in this volume, which arose from two workshops held in 2004.
Full Description
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.
Contents
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
