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The Adversarial Process and the Vulnerable Witness$
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Louise Ellison

Print publication date: 2002

Print ISBN-13: 9780198299097

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299097.001.0001

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Orality and the Right to a Fair Trial

Orality and the Right to a Fair Trial

Chapter:
(p.65) IV Orality and the Right to a Fair Trial
Source:
The Adversarial Process and the Vulnerable Witness
Author(s):

Louise Ellison

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299097.003.0004

This chapter examines the principle of orality in relation to the right to a fair trial in Great Britain. It discusses due process concerns and claims that special protective procedures infringe the so-called confrontation rights of defendants. The chapter mentions the belief of the proponents of confrontation rights that the interposing of physical and technological barriers between witness and accused fails to comport with the notions of trial fairness embodied in the European Convention on Human Rights (ECHR).

Keywords:   orality, fair trial, Great Britain, due process, confrontation rights, witness, ECHR

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