The Right to Confrontation in Europe: Absent, Anonymous and Vulnerable Witnesses

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Apollo Books, 2012 - Law - 280 pages
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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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Contents

Introduction
3
Right
9
Outline
29
The Confrontational Paradigm
35
Adversequestioning
41
CHAPTER Absent Anonymous and Vulnerable Witnesses
49
Preliminaries
71
Testimonial Evidence in ECIIR Law
83
Outline
113
The Confrontational Paradigm in Action before English
131
English French and Italian Criminal Evidence Law
139
Conclusion
152
CHAPTER Absent Anonymous and Vulnerable Witnesses
191
Conclusion
239
Cases
258
Index
278

Examination
105

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