The right to confrontation in common law systems: A critical comparison

Gray, Anthony (2015) The right to confrontation in common law systems: A critical comparison. New Criminal Law Review, 18 (1). pp. 129-165. ISSN 1933-4192

Abstract

This article considers the right of an accused to cross-examine witnesses being used against them in proceedings in a range of jurisdictions, including the United States, Canada, Europe and Australia. It concludes that North American courts have been most careful to preserve the right of an individual to see, hear and test the case against them as part of an adversarial process, indispensable to the right to a fair trial. In contrast, the Australian High Court and United Kingdom Supreme Court have in recent case law validated the use of proceedings whereby a person who would be adversely affected by a proceeding is not present when evidence against them is present, nor is their legal representative, effectively hampering their ability to cross-examine such witnesses, and test the state's case. A justification by some judges that the court's ability to weigh evidence meets concerns about the use of such evidence is weak and unconvincing.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published Version restricted in accordance with publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 26 Dec 2014 12:34
Last Modified: 24 Jun 2016 03:48
Uncontrolled Keywords: fair trial, cross-examination, open court, closed court, procedural fairness, natural justice, due process
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
Identification Number or DOI: 10.1525/nclr.2015.18.1.129
URI: http://eprints.usq.edu.au/id/eprint/26497

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