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Prosecutors, Courts and Conduct of the Accused Which Engages a Qualified Human Right

Rogers, J; (2005) Prosecutors, Courts and Conduct of the Accused Which Engages a Qualified Human Right. In: Holder, J and O'Cinneide, C, (eds.) Current Legal Problems. (101 - 132). Oxford University Press

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Abstract

I argued that all cases of criminal liability where the conduct of the accused may have engaged one of Articles 8-11 ECHR involve common themes, which have not been systematically studied. I suggested how an accused may rely on articles 8-11 for a defence and outlined the proper roles of judges, juries and prosecutors in assessing the justifications for punishment under those Articles. I also recognised a category of slippery slope justifications of punishment, which preclude a judge from recognising a defence but which may impose extra duties on public prosecutors when exercising prosecutorial discretion instead.

Type:Book chapter
Title:Prosecutors, Courts and Conduct of the Accused Which Engages a Qualified Human Right
ISBN-13:978-0-19-928539-6
Additional information:Cited in the main work Human Rights and Criminal Justice and subsequently in the Criminal Law Review, this article, inter alia, anticipates some of the issues in the recent controversy in setting out a prosecutorial policy in cases of assisted suicide.
Keywords:purposes of punishment, proportionality, prosecutorial discretion, deference to Parliament
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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