
Contents
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8 Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
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I. Introduction I. Introduction
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II. The Forum II. The Forum
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1. Ordinary Civilian Criminal Courts 1. Ordinary Civilian Criminal Courts
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2. Centralization of Terrorism-Related Functions 2. Centralization of Terrorism-Related Functions
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3. Specialist Civilian Terrorism Courts 3. Specialist Civilian Terrorism Courts
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4. Military Courts 4. Military Courts
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III. The Decision-Maker III. The Decision-Maker
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1. Trial by Judge Alone 1. Trial by Judge Alone
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2. The Jury Selection Process 2. The Jury Selection Process
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3. Undermining the Independence of the Judiciary 3. Undermining the Independence of the Judiciary
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IV. Modification of Trial Procedures IV. Modification of Trial Procedures
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1. Open Justice 1. Open Justice
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2. Access to Legal Representation 2. Access to Legal Representation
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3. Presumption of Innocence 3. Presumption of Innocence
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4. Procedural Fairness 4. Procedural Fairness
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a. Right to Know the Case a. Right to Know the Case
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b. Right to Be Heard b. Right to Be Heard
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V. Conclusion V. Conclusion
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References References
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30 Trial Procedures in Response to Terrorism
Get accessSenior Lecturer and Director of the Terrorism Law Reform Project, University of New South Wales
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Published:11 February 2019
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Abstract
This chapter examines trial procedures aimed at preventing and responding to terrorism, focusing on the influence of the executive branch of government upon terrorism prosecutions. It first provides an overview of the various fora in which a terrorism trial might be held, namely, trials conducted before the ordinary civilian criminal courts, specialist civilian terrorism courts, and military courts. It then considers the different categories of individuals and entities who might be tasked to decide the question of guilt or innocence, with emphasis on the abolition of trial by jury in favor of trial by judge alone. It also analyzes some of the modifications made to criminal trial procedure and the consequences of these in terms of executive control of the trial proceedings, taking into account open justice, access to legal representation, presumption of innocence, and procedural fairness.
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