Fair Trials, Human Rights and Criminal Justice
This module critically considers the concept of ‘fair trial’ in theory and practice. International human rights law, particularly as it derives from Article 6 of the European Convention on Human Rights, will naturally be central to this inquiry. But the law of human rights is neither our starting point nor our final destination. More ambitiously, this option draws on criminal justice, socio-legal and comparative approaches and perspectives in order to place the law and practice of English criminal trials in their broader legal, political, social, and moral contexts.
Although some points of law and practice will be treated in detail, developing an exhaustive account of English criminal trials is not the principal objective. Rather, we will use these details as examples and case-studies to illustrate methodological issues, broader themes and trends in criminal policy, and international comparisons highlighting the ways in which western democracies have attempted, successfully or otherwise, to meet the challenges of integrating human rights law into their domestic criminal trial processes.