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Durham Law School

Staff

Publication details for Professor Thom Brooks

Brooks, Thom (2009). The Right to a Fair Trial. Aldershot: Ashgate.

Author(s) from Durham

Abstract

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.

Contents: Introduction; Part I The Right to Trial by Jury: The sacred cow of trial by jury, R.J. O'Hanlon; The courage of our convictions, Sherman J. Clark; The right to trial by jury, Thom Brooks. Part II Lay Participation: Lay participation in decision making: a Croatian perspective on mixed tribunals, Sanja Kutnjak Ivkovic; Democratic accountability and lay participation in criminal trials, Tatjana Hörnle. Part III Jury Nullification: The myth of the nullifying jury, Nancy S. Marder; A defence of jury nullification, Thom Brooks. Part IV Trial Reform: The lamp that shows that freedom lives – is it worth the candle?, Penny Darbyshire; The case for jury waiver, Sean Doran and John Jackson; Modes of trial: shifting the balance towards the professional judge, John Jackson. Part V The Civil Trial: Why judges, not juries, should set punitive damages, Paul Mogin; Decisionmaking about general damages: a comparison of jurors, judges, and lawyers, Roselle L. Wissler, Allen J. Hart and Michael J. Saks. Part VI Trials and Terrorism: Terrorism on trial: the President's constitutional authority to order the prosecution of suspected terrorists by military commission, Christopher M. Evans; Judicial review of counter-terrorism measures: the Israeli model for the role of the judiciary during the terror era, Yigal Mersel; Name Index.