Theoretical Foundations of Criminal Trial Procedure

Paul Roberts is Professor of Criminal Jurisprudence at the University of Nottingham, UK. Paul has been visiting professor or invited lecturer at the International Islamic University Malaysia (IIUM), the University of Warsaw, the Jagiellonian University in Krakow, the University of Gottingen, the University of New South Wales (UMSW), Sydney, and the University of Natal (Pietermaritzburg), RSA. He is editorial board member of four academic journals: International Commentary on Evidence (ICE); Criminal Law & Philosophy; Law, Probability and Risk and Law and Philosophy. He was also a founding editorial board member of The International Journal of Evidence and Proof (E & P), serving as Reviews Editor (1995-2005) and General Editor (2005-9).

• Contents: Introduction. Part I Questions, Concepts, Methods: The present and future of the law of evidence, James B. Thayer; The future of constitutional criminal procedure, Akhil Reed Amar; Evidence as a multi-disciplinary subject, William Twining; Analyzing the trial: interdisciplinary methods, Robert Burns, Marianne Constable, Justin Richland and Winnifred Sullivan; Introduction: theorising the criminal trial, Antony Duff, Lindsay Farmer, Sandra Marshall and Victor Tadros. Part II Normative Underpinnings in Political Morality: Truth in adjudication, Mirjan Damaška; Theorising procedural tradition: subjects, objects and values in criminal adjudication, Paul Roberts; Liberalism and the criminal trial, Ho Hock Lai; The courage of our convictions, Sherman J. Clark; Realizing justice: the development of fair trial rights in China, Jennifer Smith and Michael Gompers. Part III Legal Epistemology: Epistemology legalized: or, truth, justice, and the American way, Susan Haack; Probability - the logic of the law, Bernard Robertson and G.A. Vignaux; The problematic value of mathematical models of evidence, Ronald J. Allen and Michael S. Pardo; The O.J. Simpson stories: behavioral scientists’ reflections on The People of the State of California v. Orenthal James Simpson, Reid Hastie and Nancy Pennington. Part IV Institutional Jurisprudence: The forms and limits of adjudication, Lon L. Fuller; Legal processes and national culture, Oscar G. Chase; Some realism (and idealism) about the trial, Robert P. Burns; Prosecuting and defending rape: perspectives from the bar, Jennifer Temkin; Unpacking show trials: situating the trial of Saddam Hussein, Jeremy Peterson. Name index.