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