Saturday, July 25, 2009

Thom Brooks (ed), The Right to a Fair Trial

I am pleased to announce the publication of Thom Brooks (ed.), The Right to a Fair Trial (Ashgate, 2009). The blurb is:

The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.

The book's contents are:


Part I The Right to Trial by Jury

The sacred cow of trial by jury, R.J. O'Hanlon

The courage of our convictions, Sherman J. Clark

The right to trial by jury, Thom Brooks

Part II Lay Participation

Lay participation in decision making: a Croatian perspective on mixed tribunals, Sanja Kutnjak Ivkovic

Democratic accountability and lay participation in criminal trials, Tatjana Hörnle

Part III Jury Nullification

The myth of the nullifying jury, Nancy S. Marder

A defence of jury nullification, Thom Brooks

Part IV Trial Reform

The lamp that shows that freedom lives – is it worth the candle?, Penny Darbyshire

The case for jury waiver, Sean Doran and John Jackson

Modes of trial: shifting the balance towards the professional judge, John Jackson

Part V The Civil Trial

Why judges, not juries, should set punitive damages, Paul Mogin

Decisionmaking about general damages: a comparison of jurors, judges, and lawyers, Roselle L. Wissler, Allen J. Hart and Michael J. Saks

Part VI Trials and Terrorism

Terrorism on trial: the President's constitutional authority to order the prosecution of suspected terrorists by military commission, Christopher M. Evans

Judicial review of counter-terrorism measures: the Israeli model for the role of the judiciary during the terror era, Yigal Mersel

Name index

The book is available on the Ashgate website,, and

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