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'With Cat-Like Tread': Jury Trial and the European Court of Human Rights

Coen, Mark

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Authors

Mark Coen



Abstract

This article critiques the impact of the European Convention on Human Rights, as interpreted in the jurisprudence of the Strasbourg Court, on the criminal trial jury. It argues that thus far the Convention has had a limited effect on jury trial, and that the Court tends to proceed with undue caution when confronted with issues affecting the key attributes of this mode of trial. It further argues that this caution may be influenced by non-legal considerations which should have no place in human rights adjudication.

Citation

Coen, M. (2014). 'With Cat-Like Tread': Jury Trial and the European Court of Human Rights. Human Rights Law Review, 14(1), 107-131. https://doi.org/10.1093/hrlr/ngt047

Journal Article Type Article
Online Publication Date Feb 11, 2014
Publication Date Mar 1, 2014
Deposit Date Jan 19, 2014
Publicly Available Date Jun 19, 2014
Journal Human Rights Law Review
Print ISSN 1461-7781
Electronic ISSN 1744-1021
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 14
Issue 1
Pages 107-131
DOI https://doi.org/10.1093/hrlr/ngt047
Keywords Jury trial, Criminal jury system, European Court of Human Rights, United Kingdom, United Kingdom Bill of Rights, Article 6 European Convention on Human Rights.

Files

Accepted Journal Article (502 Kb)
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Copyright Statement
This is a pre-copyedited, author-produced PDF of an article accepted for publication in Human Rights Law Review following peer review. The definitive publisher-authenticated version [Mark Coen “‘With Cat-Like Tread’: Jury Trial and the European Court of Human Rights” (2014) 14(1) Human Rights Law Review 1-25] is available online at:
http://hrlr.oxfordjournals.org/cgi/reprint/ngt047?ijkey=ZI0kG3hGc6HzcL&keytype=ref




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