A comparison and critique of closed court hearings
Article
Article Title | A comparison and critique of closed court hearings |
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ERA Journal ID | 33894 |
Article Category | Article |
Authors | Gray, Anthony |
Journal Title | International Journal of Evidence and Proof |
Journal Citation | 18 (3), pp. 230-259 |
Number of Pages | 30 |
Year | 2014 |
Place of Publication | Isle of Man |
ISSN | 1365-7127 |
1740-5572 | |
Digital Object Identifier (DOI) | https://doi.org/10.1350/ijep.2014.18.3.455 |
Web Address (URL) | http://www.vathek.org/doi/pdf/10.1350/ijep.2014.18.3.455 |
Abstract | This article compares the use of 'closed court hearings', by which someone accused of wrongdoing is not permitted to be present whilst evidence is led against them. Typically, neither is a legal representative of their choosing. Comparisons are made among the European Union, North America and Australia. It finds that the United States and Canada courts have been most prepared to defend the fundamental right of an individual to confront their accusers, and test the veracity of evidence said to implicate them. Australian courts, as shown by the recent Pompano decision, have been most willing to sacrifice fundamental civil rights for expediency. |
Keywords | natural justice, right to confrontation, fair trial, fair process, Pompano |
ANZSRC Field of Research 2020 | 489999. Other law and legal studies not elsewhere classified |
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Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q285z/a-comparison-and-critique-of-closed-court-hearings
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