Forfeiture and the Right to a Fair Trial

被引：0

作者：

Lang, Gerald ^{[1
]}

机构：

[1] Univ Leeds, Sch Philosophy Relig & Hist Sci, Woodhouse Lane, Leeds LS2 9JT, W Yorkshire, England

来源：

CRIMINAL LAW AND PHILOSOPHY | 2020年 / 14卷 / 02期

关键词：

Forfeiture; Strong forfeiture; Weak forfeiture; Punishment;

D O I：

10.1007/s11572-019-09497-6

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

In his Rights Forfeiture and Punishment, Christopher Heath Wellman argues that his preferred 'strong' version of rights forfeiture theory makes the moral rights of due process and a fair trial null and void for guilty offenders. They may still possess legal rights to due process, but these are not strong pre-institutional moral rights. I explain here why I disagree with Wellman. I also suggest that he is not entitled, by his own lights, to affirm strong forfeiture theory, at least in our social world.

引用

页码：203 / 213

页数：11

共 50 条

[31] Constrained Waiver of Trial Rights? Incentives to Plead Guilty and the Right to a Fair Trial
Helm, Rebecca K.
JOURNAL OF LAW AND SOCIETY, 2019, 46 (03) : 423 - 447
[32] DRUG PROCEEDS FORFEITURE AND THE RIGHT TO COUNSEL OF CHOICE
BERUBE, DA
VANDERBILT LAW REVIEW, 1990, 43 (04) : 1377 - 1400
[33] Language proficiency and the right to an interpreter when accessing a fair trial
McEvoy, Gearoidin
TRANSLATION & INTERPRETING-THE INTERNATIONAL JOURNAL OF TRANSLATION AND INTERPRETING, 2023, 15 (02): : 142 - 156
[34] FAIR TRIAL AND THE RIGHT OF ACCUSED TO CROSS-EXAMINE THEIR ACCUSERS
Bagaric, Mirko
CRIMINAL LAW JOURNAL, 2010, 34 (02) : 78 - 80
[35] The right to a fair trial: is article 6 a reality for defendants with IDD?
Forrester-Jones, R.
Murphy, G.
JOURNAL OF APPLIED RESEARCH IN INTELLECTUAL DISABILITIES, 2014, 27 (04) : 331 - 331
[36] THE RIGHT TO A FAIR TRIAL WITHIN THE EUROPEAN CONVENTION OF HUMAN RIGHTS
Farcas, Lica
17TH INTERNATIONAL CONFERENCE THE KNOWLEDGE-BASED ORGANIZATION, CONFERENCE PROCEEDINGS 2: ECONOMIC, SOCIAL AND ADMINISTRATIVE APPROACHES TO THE KNOWLEDGE-BASED ORGANIZATION, 2011, 2 : 659 - 662
[37] THE APPLICABILITY OF THE RIGHT TO A FAIR TRIAL IN CIVIL PROCEEDINGS: THE EXPERIENCE IN UKRAINE
Sakara, Natalia
ACCESS TO JUSTICE IN EASTERN EUROPE, 2021, (01) : 199 - 222
[38] The Right to a Fair Trial of Predictive Analytics in Pediatric Critical Care
Lasa, Javier J.
Gaies, Michael
PEDIATRIC CRITICAL CARE MEDICINE, 2019, 20 (08) : 782 - 783
[39] RIGHT TO A FAIR TRIAL IN CRIMINAL MATTERS. PRESUMPTION OF INNOCENCE
Tascu, Simona-Elena
LAW BETWEEN MODERNIZATION AND TRADITION - IMPLICATIONS FOR THE LEGAL, POLITICAL, ADMINISTRATIVE AND PUBLIC ORDER ORGANIZATION, 2015, : 943 - 948
[40] The contrasting evolution of the right to a fair trial in UK extradition law
Arnell, Paul
INTERNATIONAL JOURNAL OF HUMAN RIGHTS, 2018, 22 (07): : 869 - 887

← 1 2 3 4 5 →