The Trial on Trial: Volume 3: Towards a Normative Theory of the Criminal Trial

Citation

(2007) The Trial on Trial: Volume 3: Towards a Normative Theory of the Criminal Trial. Duff RA (Editor), Farmer L (Editor), Marshall S (Editor) & Tadros V (Editor). London: Hart Publishing. https://www.bloomsburyprofessional.com/uk/the-trial-on-trial-volume-3-9781841136981/

Abstract
The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments.