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? Addressing such issues, this second volume aims to produce an adequate normative account of the criminal trial and its proper role in a democratic polity.

...a most informative and varied analysis of the criminal trial...presents a huge variety of arguments and ideas on the nature, the theory and reality of the criminal trial. The profound, and in parts highly provocative, articles raise high expectations for the third volume of The Trial on Trial

Autorentext
R A Duff is Professor Emeritus in Philosophy at the University of Stirling. Lindsay Farmer is Professor of Law at the University of Glasgow, UK.Sandra Marshall is Professor of Philosophy in the University of Stirling.Victor Tadros is a Professor of Law at the University of Warwick.

Klappentext
The essays in this volume look at questions such as - 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?

Zusammenfassung
This book addresses the issues surrounding criminal trial such as its aims and social functions and political implications.

Inhalt

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