Evolution of the criminal trial system in the Anglo-Saxon system through the abuse of process doctrine

Abstract: This paper aims to highlight some fundamental ideas for the abuse of the process doctrine in the Anglo-Saxon system. The common law, through a complex theory of the process doctrine, is totally based on the principle of fairness. However, the fair trial is also based on the theoretical foundations of a perhaps distorted trial. In this case, the accused is not in a position to fully exercise his faculties and related rights. The moral integrity of this system seeks to ensure a rigid core for an essential type of guarantees, where the overall fairness of the proceedings represents an end to any procedural means that is oriented.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-10-26
DOI
https://doi.org/10.5281/zenodo.13995837
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00
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article

Evolution of the criminal trial system in the Anglo-Saxon system through the abuse of process doctrine

Zenodo (CERN European Organization for Nuclear Research)
Criminal Law and Evidence
article

Evolution of the criminal trial system in the Anglo-Saxon system through the abuse of process doctrine

article en

Abstract

Abstract: This paper aims to highlight some fundamental ideas for the abuse of the process doctrine in the Anglo-Saxon system. The common law, through a complex theory of the process doctrine, is totally based on the principle of fairness. However, the fair trial is also based on the theoretical foundations of a perhaps distorted trial. In this case, the accused is not in a position to fully exercise his faculties and related rights. The moral integrity of this system seeks to ensure a rigid core for an essential type of guarantees, where the overall fairness of the proceedings represents an end to any procedural means that is oriented.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 34%
Criminal Law and Evidence
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Evolution of the criminal trial system in the Anglo-Saxon system through the abuse of process doctrine · Zenodo (CERN European Organization for Nuclear Research) (2024) | TGRS Research Map | TGRS