Fairness in criminal appeal : a critical and interdisciplinary analysis of the ECtHR case-law / Helena Morão, Ricardo Tavares da Silva, editors.
Morão, Helena, editor.; Tavares da Silva, Ricardo, editor.
2023
KJC5183
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Title
Fairness in criminal appeal : a critical and interdisciplinary analysis of the ECtHR case-law / Helena Morão, Ricardo Tavares da Silva, editors.
ISBN
9783031130014 (electronic bk.)
3031130014 (electronic bk.)
9783031130007
3031130006
DOI
https://doi.org/10.1007/978-3-031-13001-4
Published
Cham : Springer, 2023.
Language
English
Description
1 online resource
Item Number
10.1007/978-3-031-13001-4 doi
Call Number
KJC5183
Dewey Decimal Classification
345.4056
Summary
This book addresses the European Court of Human Rights fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Courts jurisprudence.
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Description based on print version record.
Added Author
Morão, Helena, editor.
Tavares da Silva, Ricardo, editor.
Available in Other Form
Fairness in criminal appeal.
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Part I: Introduction
The ECtHR case-law on immediacy in criminal appeal
Part II: Criminal appeal immediacy models and the ECtHR case-law
The evidence renewal model in Italy
The retrial model in Spain
The audio recordings model in Portugal: The appeal courts perspective
The audio recordings model in Portugal: The defendants and the victims perspectives
Part III: Immediacy in criminal procedure theory and cognitive sciences
Immediacy at the first instance trial
Audio-visual recordings as evidence in criminal procedure
Neuroscience of memory and philosophy of knowledge challenges to immediacy
AI assistance in the courtroom and immediacy
Part IV: Concluding thoughts
On the legitimacy of the ECtHRs criminal appeal immediacy requirement.

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