Overview
- Debates the most important and unexplored issues of fair trial in criminal appeal
- Includes a comprehensive review of the ECtHR case-law on appeal immediacy
- Intersects criminal procedure theory with memory neuroscience, philosophy of knowledge and AI
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About this book
This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal.
On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.
On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.
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Table of contents (10 chapters)
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Front Matter
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Introduction
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Front Matter
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Criminal Appeal Immediacy Models and the ECtHR Case-Law
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Front Matter
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Immediacy in Criminal Procedure Theory and Cognitive Sciences
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Front Matter
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Concluding Thoughts
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Front Matter
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Editors and Affiliations
About the editors
Helena Morão is a Criminal Law Professor at the University of Lisbon School of Law where she was awarded her PhD. She is the Deputy Director of the Research Centre for Criminal Law and Criminal Sciences (CIDPCC), the Portuguese research centre specifically focused on criminal law, as well as Deputy Director of the journal Anatomy of Crime, Journal of Law and Crime Sciences. Her main field of research is criminal law from both normative and interdisciplinary perspectives. She is the author of several works on criminal law, including criminal appeal law, and has participated as an expert in various criminal law reforms.
Ricardo Tavares da Silva is an Invited Assistant in Criminal Law at the University of Lisbon School of Law, where he was awarded his bachelor’s degree. He also has a Master’s degree and a PhD degree in Philosophy from the School of Arts and Humanities of the University of Lisbon. He is especially interested in Normative Theory and in thefoundations of Law, but also in related issues in Philosophy of Action and Philosophy of Mind, Metaphysics and Epistemology, Cognitive Science and Neuroscience. He is a member and executive coordinator of the Research Centre for Criminal Law and Criminal Sciences (CIDPCC).
Ricardo Tavares da Silva is an Invited Assistant in Criminal Law at the University of Lisbon School of Law, where he was awarded his bachelor’s degree. He also has a Master’s degree and a PhD degree in Philosophy from the School of Arts and Humanities of the University of Lisbon. He is especially interested in Normative Theory and in thefoundations of Law, but also in related issues in Philosophy of Action and Philosophy of Mind, Metaphysics and Epistemology, Cognitive Science and Neuroscience. He is a member and executive coordinator of the Research Centre for Criminal Law and Criminal Sciences (CIDPCC).
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Bibliographic Information
Book Title: Fairness in Criminal Appeal
Book Subtitle: A Critical and Interdisciplinary Analysis of the ECtHR Case-Law
Editors: Helena Morão, Ricardo Tavares da Silva
DOI: https://doi.org/10.1007/978-3-031-13001-4
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023
Hardcover ISBN: 978-3-031-13000-7Published: 11 February 2023
Softcover ISBN: 978-3-031-13003-8Published: 11 February 2024
eBook ISBN: 978-3-031-13001-4Published: 10 February 2023
Edition Number: 1
Number of Pages: XIII, 213
Topics: Human Rights, Criminal Law and Criminal Procedure Law, Private International Law, International & Foreign Law, Comparative Law
Keywords
- Criminal Appeal
- European Court of Human Rights
- Appeal Court
- Right to Appeal
- Right to an Appeal Hearing
- Witnesses’ Testimonies
- Recorded Evidence
- AI Assistance in the Courtroom
- Fair Trial
- Immediacy Principle
- European Convention on Human Rights
- Case Law
- Law Reform
- Neuroscience of Memory in the Courtroom