Skip to main content

Research Repository

Advanced Search

All Outputs (8)

Judicial Independence and Countering Terrorism in the UK (2022)
Book Chapter
Jackson, J. (2022). Judicial Independence and Countering Terrorism in the UK. In D. Giannoulopoulos, & Y. McDermott (Eds.), Judicial Independence Under Threat. Oxford University Press

This chapter examines the challenges to judicial independence posed by measures that depart from normal standards of justice in countering terrorism with particular reference to the UK. Two particular contexts will be examined: the Irish ‘troubles’... Read More about Judicial Independence and Countering Terrorism in the UK.

Witness Evidence in Pre-Trial and Trial Procedure (2022)
Book Chapter
Jackson, J., & Weigend, T. (2022). Witness Evidence in Pre-Trial and Trial Procedure. In K. Ambos, A. Duff, A. Heinze, J. Roberts, & T. Weigend (Eds.), Core Concepts in Criminal Law and Criminal Justice. Volume 2 (260-299). Cambridge: Cambridge University Press

Both in English and German criminal procedure, fewer cases than in the past are decided on the basis of live witness testimony at the trial, and the ‘orality’ principle has been eroded in both jurisdictions. An increased reliance on witness statement... Read More about Witness Evidence in Pre-Trial and Trial Procedure.

Protecting the Right to a Fair Trial in an Era of Criminal Justice Transformation (2021)
Book Chapter
Jackson, J. (2021). Protecting the Right to a Fair Trial in an Era of Criminal Justice Transformation. In B. Dickson, & C. McCormick (Eds.), The Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore. Hart Publishing

This chapter considers the manner in which the UK’s highest courts have met the challenge of maintaining fair trial rights in an era of unprecedented change in criminal justice. Emphasis is placed on the framework of the Human Rights Act 1998 and the... Read More about Protecting the Right to a Fair Trial in an Era of Criminal Justice Transformation.

The Case For A Hybrid Jury In Europe (2021)
Book Chapter
Jackson, J. (2021). The Case For A Hybrid Jury In Europe. In S. Kutnjak Ivković, S. Seidman Diamond, V. P. Hans, & N. S. Marder (Eds.), Juries, Lay Judges, and Mixed Courts: A Global Perspective (304-322). Cambridge University Press. https://doi.org/10.1017/9781108669290.015

This chapter proposes a model of a hybrid jury for both common law and civil law European criminal justice systems which is required to give a reasoned decision and fits well with the jurisprudence of the European Court of Human Rights.

Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK (2021)
Book Chapter
Jackson, J. (2021). Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK. In E. Billis, N. Knust, & J. Petter Rui (Eds.), Proportionality in Crime Control and Criminal Justice. Bloomsbury Publishing

This chapter examines the penal and non-penal executive measures that have been taken to combat two main phases of terrorist activity within the last 50 years, namely Irish or so-called 'troubles-based' terrorism dating back to the 1970s and more re... Read More about Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK.

Unbecoming jurors and unreasoned verdicts: realising integrity in the jury room (2016)
Book Chapter
Jackson, J. (2016). Unbecoming jurors and unreasoned verdicts: realising integrity in the jury room. In J. Hunter, P. Roberts, S. Young, & D. Dixon (Eds.), The integrity of criminal process: from theory into practice. Hart

Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly... Read More about Unbecoming jurors and unreasoned verdicts: realising integrity in the jury room.

Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals (2014)
Book Chapter
Jackson, J., & Brunger, Y. (2014). Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals. In E. V. Sliedregt, & S. Vasiliev (Eds.), Pluralism in International Criminal Law (159-186). Oxford University Press. https://doi.org/10.1093/acprof%3Aoso/9780198703198.003.0006

This chapter discusses pluralism in international criminal procedure, and more specifically the law of evidence, as it is practised within and across different international criminal tribunals. It draws on a pilot study of interviews with prosecutors... Read More about Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals.