Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms

Acknowledgements
Table of Contents
List of Contributors
1. Introduction
	I. Fair Trial Standards
	II. Obstacles to Fairness
	III. Individual Rights and Institutional Forms
2. The Character of the Right to a Fair Trial
	I. Introduction
	II. The Rank of the Right to a Fair Trial
	III. The Scope of the Right to a Fair Trial in Article 6
	IV. Is the Right to a Fair Trial a Straightforward Individual Human Right?
	V. Conclusions
3. Autonomy and Agency in American Criminal Process
	I. Autonomy
	II. Agency
	III. Waiver
	IV. Reform
4. Innocence, the Burden of Proof and Fairness in the Criminal Trial: Revisiting Woolmington v DPP (1935)
	I. Introduction
	II. Woolmington v DPP (1935)
	III. Woolmington in Context
	IV. The Scope of the Presumption of Innocence
	V. Conclusion
5. The Right of Silence in England and Wales: Sacred Cow, Sacrificial Lamb or Trojan Horse?
	I. A Sacred Cow?
	II. A Sacrificial Lamb?
	III. A Trojan Horse?
	IV. Conclusion
6. Seeking Core Fair Trial Standards across National Boundaries: Judicial Impartiality, the Prosecutorial Role and the Right to Counsel
	I. Introduction
	II. Searching for Core Values
	III. The Right to Counsel
	IV. Meeting Challenges to the Fair Trial Standards
	V. Conclusion: Towards a Shared Understanding of Fairness
7. The Role of Counsel in Criminal Proceedings
	I. The Role of Counsel in Criminal Proceedings: Differences between Common Law and Civil Law Systems
	II. Thinking outside the Box: The Challenges and Promises of a Transnational View of Criminal Proceedings
	III. Effects of the Exercise of the Right to Legal Assistance on the Procedural Role of the Accused
8. ‘Falling on Deaf Ears’: Looking for the Salduz Jurisprudence in Greece
	I. The Seminal Salduz Jurisprudence
	II. Court-Centred and Contracting Party-Centred Explanations of Acceptance of, or Resistance to, ECHR Jurisprudence
	III. Custodial Legal Assistance in Greece: A Liberal Legislative Framework
	IV. Suspects’ Rights in Practice
	V. Salduz’s Negligible Effect in Greece: ‘Paying Lip Service’ and Avoiding the Cost of Putting up Resistance
	VI. Greek Responses to International Pressures for Human Rights Reform: The Wider Context
	VII. The Role of Effective National Implementation of ECHR Rights
	VIII. Concluding Observations
9. 
Fairness and Expediency in International Criminal Procedure
10. International Criminal Procedure and the False Promise of an Ideal Model of Fairness
	I. Introduction
	II. International Criminal Procedure’s Potential as an Ideal Model
	III. Some Aspects of International Criminal Procedure that Fall Short of an Ideal Model of Fairness
	IV. International Criminal Law’s Inability to Create a Universally Acceptable Procedural Model
	V. Conclusion
11. Written Records of Statements and Fairness
	I. Introduction
	II. Is Direct Knowledge Required Instead of Reading Authority-Generated Written Records?
	III. Written Records as a Guarantee of Fairness
	IV. Turning Points: Under which Circumstances do the Production or Reception of Written Reports Constitute Obstacles to Fairness?
	V. The Use of Written Records
	VI. Conclusion
12. Regulating and Limiting Plea Concessions: Towards Fairness in Charge Adjudication
	I. The Problems with Unfettered Plea Bargaining
	II. Constraining and Regulating Plea Concessions
	III. Back to the Misdemeanour Case-Processing World
	IV. Concluding Remarks
13. A Fair Cop and a Fair Trial
	I. Introduction
	II. What Police Do
	III. The Police Role
	IV. Mass Policing and Mass Adjudication
	V. Conclusion
14. Rights-Analysis in Addressing Pre-Trial Impropriety: An Obstacle to Fairness?
	I. Introduction
	II. The Reductionist Nature of Rights-Analysis
	III. The Malleability of Rights-Analysis
	IV. Rights-Analysis as an Obstacle to Fairness
	V. The Proper Role of ‘Rights’ in Addressing Pre-Trial Impropriety
15. Fairness in Criminal Proceedings: Concluding Thoughts and Further Questions
	I. Fairness in Criminal Proceedings
	II. The Aims of the Criminal Process
	III. ‘Criminal Proceedings’
	IV. Fairness to Whom?
	V. Institutions and Roles
Index