Audi Alteram Partem in Criminal Proceedings

Audi Alteram Partem in Criminal Proceedings

706 Pages · · 6.72 MB · 467 Downloads· language English
Published By publisher of ebook Springer Gabler
File Name: Audi-Alteram-Partem-in-Criminal-Proceedings.pdf
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Introduction TO Audi Alteram Partem in Criminal Proceedings

“Audi Alteram Partem in Criminal Proceedings” by Stefano Ruggeri is a comprehensive analysis of the principle of “audi alteram partem” in criminal proceedings. The book provides a detailed examination of the principle’s historical and theoretical foundations, its practical implementation, and its impact on the fairness and effectiveness of criminal proceedings.

Historical and Theoretical Foundations

The first part of the book explores the historical and theoretical foundations of the “audi alteram partem” principle. Ruggeri traces the development of the principle from its origins in Roman law to its incorporation into modern legal systems. He also examines the philosophical and political underpinnings of the principle, highlighting its importance as a safeguard against arbitrary exercise of state power.

Practical Implementation

The second part of the book focuses on the practical implementation of the “audi alteram partem” principle in criminal proceedings. Ruggeri provides a detailed analysis of the various procedural safeguards that have been developed to ensure that the principle is respected in practice. He examines the role of the defence lawyer, the rights of the accused, and the importance of ensuring that the prosecution’s case is subject to rigorous scrutiny.

Impact on Fairness and Effectiveness

The final part of the book considers the impact of the “audi alteram partem” principle on the fairness and effectiveness of criminal proceedings. Ruggeri argues that the principle is essential to ensuring that criminal proceedings are fair and that justice is serve. He provides examples of cases where the principle has been violate, highlighting the serious consequences for individual rights and the integrity of the criminal justice system.

Strengths and Weaknesses

One of the book’s strengths is its comprehensive analysis of the “audi alteram partem” principle. Ruggeri provides a detailed examination of the principle’s historical and theoretical foundations. Its practical implementation, and its impact on the fairness and effectiveness of criminal proceedings. The book is also well-research and provides a wealth of information and examples to support its arguments.

One weakness of the book is its somewhat technical and academic style. While this may be appropriate for a scholarly audience, it may make the book less accessible to a wider readership. Additionally, while the book provides a thorough analysis of the principle of “audi alteram partem.” It does not address some of the broader issues related to criminal justice reform. Such as the over-reliance on plea bargaining or the need for greater resources for indigent defence.

Conclusion

Overall, “Audi Alteram Partem in Criminal Proceedings” by Stefano Ruggeri is an important contribution to the literature on criminal justice. The book provides a thorough and detailed analysis of the principle of “audi alteram partem”. Its impact on the fairness and effectiveness of criminal proceedings. While the book may be somewhat technical and academic in style. It is a valuable resource for scholars, practitioners, and policymakers interested in improving the criminal justice system.