Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Need For Effective Retrial Procedures In International Criminal Cases

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The civil law system may be seen as "judge-driven"; the trial judge plays the leading role at trial, which extends to the examination of witnesses. The term "miscarriage of justice" is associated with an innocent convicted person. Yet the term "miscarriage of justice" is sometimes also canvassed in a broader sense, namely as encompassing cases that resulted in retrial without factual innocence being proven. In most criminal cases that lead to a retrial, the actual perpetrator is not detected. Yet, in these instances, the conviction can still turn out to be unsafe. The criminal justice system is based on the fundamental legal value that an accused is legally presumed innocent until proven guilty. This may contradict the public expectation that most of those charged with criminal offenses are, and will be found to be, guilty.

Keywords: civil law system; criminal cases; criminal justice system; miscarriage of justice; retrial procedures

10.1163/ej.9781571053602.i-212.7
/content/books/10.1163/ej.9781571053602.i-212.7
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation