The Right to Confrontation in Europe: Absent, Anonymous and Vulnerable Witnesses
This book investigates the theory and practice of the Right to Confrontation - the right of accused persons to examine witnesses against them. Although exceptions to confrontation have always been recognized by domestic criminal courts, no European consensus exists on the values and interests that may legitimately allow incursions into this fundamental right. Based upon the concept of testimonial evidence - which was first developed by the U.S. Supreme Court in Crawford v. Washington in 2004 - this second edition identifies three categories of declarants whose statements may pose a threat to the fairness of criminal trials: the "absent," "anonymous," and "vulnerable" witnesses. In a truly supra-national perspective, attention focuses on the Confrontation clause of Article 6 of the European Convention of Human Rights, as interpreted by the case-law of the Strasbourg Court (including the 2011 leading case Al-Khawaja and Tahery v. UK). The book then provides a comparative study of the Right to Confrontation in the context of the rules of criminal evidence and procedure in Italy, France, and England/Wales.
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The Confrontational Paradigm
CHAPTER Absent Anonymous and Vulnerable Witnesses
Testimonial Evidence in ECIIR Law
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The European Right to Confrontation in Criminal Proceedings: Absent ...
No preview available - 2006
absent witness accused admissible adversarial adversarial systems anonymous witnesses Article Assize Court Bull Cass Chapter co-defendants Code of criminal common law Confrontation clause confrontational paradigm Constitution conviction corroboration counsel Cour d'assises courtroom Crawford crim criminal courts criminal evidence Criminal justice criminal proceedings criminal trials cross-examination Crown Court declarant defendant deﬁnition depositions discussion domestic Droit ECHR law ECtHR EHRR England English law established evidence law examination exclusionary rules F-CPP fact ﬁndings ﬁrst France FRENCH CRIMINAL fundamental rights Giur Human Rights I-CPP inquisitorial intimidation investigation ITALIAN CRIMINAL PROCEDURE Italian law Italy judge judicial jury matter model countries national laws offences oral out-of-court statements parties Penale person police pre-trial principle prior inconsistent statements prior statements prosecution prosecutor protection provisions question reasons relevant Right to Confrontation right to silence signiﬁcant speciﬁc statutory Strasbourg supra note Supreme Court Tapper testify testimonial evidence testimonial statements tion vulnerable witnesses