Search results for 'right to trial' (try it on Scholar)

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  1. Richard L. Lippke (2008). To Waive or Not to Waive: The Right to Trial and Plea Bargaining. [REVIEW] Criminal Law and Philosophy 2 (2):181-199.score: 180.0
    Criminal defendants in many countries are faced with a dilemma: If they waive their right to trial and plead guilty, they typically receive charge or sentence reductions in exchange for having done so. If they exercise their right to trial and are found guilty, they often receive stiffer sanctions than if they had pled guilty. I characterize the former as ‘waiver rewards’ and the latter as ‘non-waiver penalties.’ After clarifying the two and considering the relation between (...)
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  2. Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.score: 177.0
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...)
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  3. Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.score: 174.0
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...)
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  4. Mirko Bagaric (2010). The Right to an Impartial Hearing Trumps the Social Imperative of Bringing Accused to Trial Even 'Down Under'. Criminal Law and Philosophy 4 (3):321-339.score: 144.0
    Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system (...)
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  5. Robert A. Sedler, The Michigan Supreme Court Diminishes the Right to Trial by Jury in Civil Cases.score: 120.0
    In this paper, I have analyzed the right to trial by jury in civil cases as reflected in decisions of the Michigan Supreme Court over approximately a 20 year period dealing with three areas affecting the right to trial by jury in civil cases: (1) entitlement to a jury trial; (2) summary disposition; and (3) directed verdicts. The study was constructed to cover cases over a substantial period of time, so that it would be possible (...)
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  6. Regina Valutytė (2012). State Liability for the Infringement of the Obligation to Refer for a Preliminary Ruling under the European Convention on Human Rights. Jurisprudence 19 (1):7-20.score: 105.0
    The article deals with the question whether a state might be held liable for the infringement of the European Convention on Human Rights if its national court of last instance fails to implement the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on well-established (...)
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  7. Regina Valutytė (2012). Legal Consequences for the Infringement of the Obligation to Make a Reference for a Preliminary Ruling Under Constitutional Law. Jurisprudence 19 (3):1171-1186.score: 96.0
    The article deals with the question whether a state might be held liable for the infringement of constitutional law if its national court of last instance violates the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on the well-established practice of the European Court (...)
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  8. John F. Quinn (1993). The Right to Trial by Jury. Social Philosophy Today 8:91-101.score: 90.0
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  9. Peter Bachrach (1958). The Senate Debate on the Right to Jury Trial Versus the Right to Vote Controversy: A Case Study in Liberal Thought. Ethics 68 (3):210-216.score: 87.0
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  10. Monique A. Spillman & Robert M. Sade (2007). Clinical Trials of Xenotransplantation: Waiver of the Right to Withdraw From a Clinical Trial Should Be Required. Journal of Law, Medicine and Ethics 35 (2):265-272.score: 87.0
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  11. Mark R. Wicclair (1985). A Shield Privilege for Reporters V. The Administration of Justice and the Right to a Fair Trial. Business and Professional Ethics Journal 4 (2):1-14.score: 87.0
  12. Mark R. Wicclair & Richard P. Cunningham (1985). A Shield Privilege for Reporters V. The Administration of Justice and the Right to a Fair Trial: Is There a Conflict? [With Commentary]. Business and Professional Ethics Journal 4 (2):1 - 17.score: 87.0
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  13. Deborah Kellie & Helen O'Sullivan (2003). Ethical or Amoral? Is an Unqualified Right to Silence at Trial Defensible From an Ethical Perspective. Legal Ethics 6 (1):73-84.score: 87.0
  14. Mark Wicclair (1986). A Shield Right for Reporters Vs. The Administration of Justice and the Right to a Fair Trial: Is There a Conflict? Business and Professional Ethics Journal 4 (2).score: 87.0
     
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  15. N. Bidad, L. MacDonald, Z. E. Winters, S. J. L. Edwards & R. Horne (2014). Views on the Right to Withdraw From Randomised Controlled Trials Assessing Quality of Life After Mastectomy and Breast Reconstruction (QUEST): Findings From the QUEST Perspectives Study (QPS). Research Ethics 10 (1):47-57.score: 86.0
    The purpose of this study is to examine the importance that real patients attach to their right to withdraw from an on-going feasibility randomised trial (RCT) evaluating types and timings of breast reconstruction (two parallel trials) following mastectomy for breast cancer. Our results show that, while some respondents appreciated that exercising the right to withdraw would defeat the scientific objective of the trial, some patients with a surgical preference consented only given the knowledge they could withdraw (...)
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  16. Jeffrey Glick (2010). Justification and the Right to Believe. Philosophical Quarterly 60 (240):532-544.score: 84.0
    Some philosophers have attempted to utilize the conceptual tools of ethics in order to understand epistemology. One instantiation of this understands justification in terms of having a certain kind of epistemic right, namely, a right to believe. In variations of this theme, some hold that justification involves having the authority to believe, or being entitled to believe. But by examining the putative analogies between different versions of rights and justification, I demonstrate that justification should not be understood as (...)
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  17. Ori J. Herstein (2012). Defending the Right To Do Wrong. Law and Philosophy 31 (3):343-365.score: 84.0
    Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) (...)
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  18. Kieran Oberman (2011). Immigration, Global Poverty and the Right to Stay. Political Studies 59 (2):253-268.score: 84.0
    This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling duties (...)
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  19. Sune Lægaard (2010). What is the Right to Exclude Immigrants? Res Publica 16 (3):245-262.score: 84.0
    It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend (...)
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  20. Mark B. Brown & David H. Guston (2009). Science, Democracy, and the Right to Research. Science and Engineering Ethics 15 (3):351-366.score: 84.0
    Debates over the politicization of science have led some to claim that scientists have or should have a “right to research.” This article examines the political meaning and implications of the right to research with respect to different historical conceptions of rights. The more common “liberal” view sees rights as protections against social and political interference. The “republican” view, in contrast, conceives rights as claims to civic membership. Building on the republican view of rights, this article conceives the (...)
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  21. Danny Frederick (2011). Confusion About the Right to Life. The Reasoner 5 (1):4-5.score: 84.0
    I defend the consistency of affirming the right to life while rejecting universal healthcare and liveable income programmes. I also defend the rationality of accepting inconsistency.
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  22. Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams (2011). Foundation for a Natural Right to Health Care. Journal of Medicine and Philosophy 36 (6):537-557.score: 84.0
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed (...)
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  23. Stephen Coleman (2006). E-Mail, Terrorism, and the Right to Privacy. Ethics and Information Technology 8 (1):17-27.score: 84.0
    This paper discusses privacy and the monitoring of e-mail in the context of the international nature of the modern world. Its three main aims are: (1) to highlight the problems involved in discussing an essentially philosophical question within a legal framework, and thus to show that providing purely legal answers to an ethical question is an inadequate approach to the problem of privacy on the Internet; (2) to discuss and define what privacy in the medium of the Internet actually is; (...)
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  24. Efrat Ram-Tiktin (2012). The Right to Health Care as a Right to Basic Human Functional Capabilities. Ethical Theory and Moral Practice 15 (3):337 - 351.score: 84.0
    A just social arrangement must guarantee a right to health care for all. This right should be understood as a positive right to basic human functional capabilities. The present article aims to delineate the right to health care as part of an account of distributive justice in health care in terms of the sufficiency of basic human functional capabilities. According to the proposed account, every individual currently living beneath the sufficiency threshold or in jeopardy of falling (...)
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  25. Jukka Varelius (2013). Voluntary Euthanasia, Physician-Assisted Suicide, and the Right to Do Wrong. HEC Forum 25 (3):1-15.score: 84.0
    It has been argued that voluntary euthanasia (VE) and physician-assisted suicide (PAS) are morally wrong. Yet, a gravely suffering patient might insist that he has a moral right to the procedures even if they were morally wrong. There are also philosophers who maintain that an agent can have a moral right to do something that is morally wrong. In this article, I assess the view that a suffering patient can have a moral right to VE and PAS (...)
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  26. Jan Deckers (2010). The Right to Life and Abortion Legislation in England and Wales: A Proposal for Change. Diametros 26:1-22.score: 84.0
    In England and Wales, there is significant controversy on the law related to abortion. Recent discussions have focussed predominantly on the health professional's right to conscientious objection. This article argues for a comprehensive overhaul of the law from the perspective of an author who adopts the view that all unborn human beings should be granted the prima facie right to life. It is argued that, should the law be modified in accordance with this stance, it need not imply (...)
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  27. Fabienne Peter (2013). The Human Right to Political Participation. Journal of Ethics and Social Philosophy 7 (2):1-16.score: 84.0
    In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, (...)
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  28. Carol J. Gill (2004). Depression in the Context of Disability and the “Right to Die”. Theoretical Medicine and Bioethics 25 (3):171-198.score: 84.0
    Arguments in favor of legalized assisted suicide often center on issues of personal privacy and freedom of choice over one's body. Many disability advocates assert, however, that autonomy arguments neglect the complex sociopolitical determinants of despair for people with disabilities. Specifically, they argue that social approval of suicide for individuals with irreversible conditions is discriminatory and that relaxing restrictions on assisted suicide would jeopardize, not advance, the freedom of persons with disabilities to direct the lives they choose. This paper examines (...)
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  29. Muireann Quigley (2010). A Right to Reproduce? Bioethics 24 (8):403-411.score: 84.0
    How should we conceive of a right to reproduce? And, morally speaking, what might be said to justify such a right? These are just two questions of interest that are raised by the technologies of assisted reproduction. This paper analyses the possible legitimate grounds for a right to reproduce within the two main theories of rights; interest theory and choice theory.
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  30. Yvonne Donders (2011). The Right to Enjoy the Benefits of Scientific Progress: In Search of State Obligations in Relation to Health. Medicine, Health Care and Philosophy 14 (4):371-381.score: 84.0
    After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The role of (...)
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  31. Ashley M. Fox & Benjamin Mason Meier (2009). Health as Freedom: Addressing Social Determinants of Global Health Inequities Through the Human Right to Development. Bioethics 23 (2):112-122.score: 84.0
    In spite of vast global improvements in living standards, health, and well-being, the persistence of absolute poverty and its attendant maladies remains an unsettling fact of life for billions around the world and constitutes the primary cause for the failure of developing states to improve the health of their peoples. While economic development in developing countries is necessary to provide for underlying determinants of health – most prominently, poverty reduction and the building of comprehensive primary health systems – inequalities in (...)
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  32. J. O. Famakinwa (2011). Interpreting the Right to Life. Diametros 29 (29):22-30.score: 84.0
    What does the right to life mean? The article considers three interpretations: (i) the right to life as the right to life-sustaining essentials, (ii) the right to life as the right not to be killed,s and (iii) the right to life as the right not to be killed unjustly. The article argues that (i) and (iii) accurately define the human right to life. The primary method is philosophical analysis. The article concludes that (...)
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  33. Birutė Pranevičienė (2011). Limiting of the Right to Privacy in the Context of Protection of National Security. Jurisprudence 18 (4):1609-1622.score: 84.0
    For the last several decades, ensuring human rights and national security have remained an important goal and a condition for existence of every state. The interests of national security often presuppose the need to narrow some natural rights, such as, for example, the right to privacy, the right to secrecy of communication, etc. Traditional concept of security is related to ensuring national security. According to the traditional concept of security, the state is considered the main object of security; (...)
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  34. Helen Lam & Mark Harcourt (2007). A New Approach to Resolving the Right-to-Work Ethical Dilemma. Journal of Business Ethics 73 (3):231 - 243.score: 84.0
    Union security has long been an industrial relations controversy. While compulsory unionism supporters say it benefits the working class, right-to-work advocates denounce it as an unethical infringement of individual rights and freedom. Unfortunately, neither side has adequately addressed the shortcomings of their viewpoint, nor the broader worker concerns about effective representation beyond just “unionism”. In this paper, we examine the ethical and practical problems of compulsory (union security) and voluntary (right-to-work) unionism and propose a new resolution, compulsory proportional (...)
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  35. Paulius Čelkis & Eglė Venckienė (2011). Concept of the Right to Health Care. Jurisprudence 18 (1):269-286.score: 84.0
    On the grounds of the fundamental value of the human rights, which is the human dignity, this article describes a basis of the right to health care in terms of quality, discloses its concept, reviews the spheres of health system in which this right is exercised: health care and public health. The right to health care is stressed as one of the fundamental rights, without which the person will not able to enjoy other rights: economic, political and (...)
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  36. Jonas Juškevičius & Janina Balsienė (2010). On Human Rights in Healthcare: Some Remarks on Limits of the Right to Healthcare. Jurisprudence 122 (4):95-110.score: 84.0
    Notwithstanding the expectations related to the ‘invasion’ of human rights into the field of healthcare, the complexity of this field raises some problematic questions about the applicability of such a legal instrument. The present paper analyses the possible limits to the content of the core right to healthcare. These limits are discussed through the examination of two normative pillars of health law: the right to individual self-determination (or the principle of individual autonomy) and the right to healthcare (...)
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  37. Tina D. Beuchelt & Detlef Virchow (2012). Food Sovereignty or the Human Right to Adequate Food: Which Concept Serves Better as International Development Policy for Global Hunger and Poverty Reduction? [REVIEW] Agriculture and Human Values 29 (2):259-273.score: 84.0
    The emerging concept of food sovereignty refers to the right of communities, peoples, and states to independently determine their own food and agricultural policies. It raises the question of which type of food production, agriculture and rural development should be pursued to guarantee food security for the world population. Social movements and non-governmental organizations have readily integrated the concept into their terminology. The concept is also beginning to find its way into the debates and policies of UN organizations and (...)
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  38. Indrė Pukanasytė (2009). Some Aspects Related to the Interpretation of the Right to Free Elections in the Case-Law of the European Court of Human Rights. Jurisprudence 115 (1):155-182.score: 84.0
    The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.“ Article 3 of (...)
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  39. Graham Riches (1999). Advancing the Human Right to Food in Canada: Social Policy and the Politics of Hunger, Welfare, and Food Security. [REVIEW] Agriculture and Human Values 16 (2):203-211.score: 84.0
    This article argues that hunger in Canada, while being an outcome of unemployment, low incomes, and inadequate welfare, springs also from the failure to recognize and implement the human right to food. Food security has, however, largely been ignored by progressive social policy analysis. Barriers standing in the way of achieving food security include the increasing commodification of welfare and the corporatization of food, the depoliticization of hunger by governments and the voluntary sector, and, most particularly, the neglect by (...)
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  40. Armanas Abramavičius (2009). The Right to Judicial Defence in the Jurisprudence of the Constitutional Court of the Republic of Lithuania. Jurisprudence 117 (3):21-40.score: 84.0
    The article deals with the constitutional right of a person to apply to court. While construing this constitutionally entrenched right of a person, one analyses the doctrine of the right of a person to apply to court, which was formed in the jurisprudence of the Constitutional Court of the Republic of Lithuania. The right of a person to court is entrenched expressis verbis in Paragraph 1 of Article 30 of the Constitution whereby the person whose constitutional (...)
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  41. Danguolė Bublienė (2011). Consumer Right to Information According to the New Proposal for a Directive on Consumer Rights: The Step Forward? Jurisprudence 18 (4):1593-1608.score: 84.0
    The Article analyses how one of the basic consumer rights – the right to information – is regulated in the European Commission Proposal for a Directive of the European Parliament and of the Council on consumer rights (hereinafter referred to as the Proposal): the article analyses trends of regulation of the consumers’ right to receive information; problems related to the scope of provided information and the issue of consumer standard that should be used in evaluating the sufficiency of (...)
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  42. Ralph P. Hall, Barbara Van Koppen & Emily Van Houweling (forthcoming). The Human Right to Water: The Importance of Domestic and Productive Water Rights. Science and Engineering Ethics:1-20.score: 84.0
    The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All Forms of Discrimination (...)
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  43. Justina Balčiūnaitė & Lijana Štarienė (2010). Right to Privacy V. European Commission's Expanded Power of Inspection According to Regulation 1/2003. Jurisprudence 121 (3):115-132.score: 84.0
    Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 (...)
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  44. Birutė Pranevičienė & Aurelija Pūraitė (2010). Right to Education in International Legal Documents. Jurisprudence 121 (3):133-156.score: 84.0
    The importance of the right to education reaches far beyond education itself. The right to education is recognized, promoted and protected at all levels— from local to global. The concept of each human right constitutes a dual perception—human rights are personified and there are particular duty-bearers, most often the states, which have certain obligations to preserve and protect those rights. This article summarizes governmental obligations, foreseen in international and regional legal human rights’ instruments, corresponding to the (...) to education in its entirety. The conceptual framework for the content and scope of the right to education is established by different human rights institutions and judicial bodies and implicates the concept of quantitative and qualitative measures, expressed by four guidelines—availability, accessibility, acceptability, adaptability. (shrink)
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  45. Birutė Pranevičienė & Agnė Margevičiūtė (2012). The Right to Religious Education in Lithuania. Jurisprudence 19 (2):443-458.score: 84.0
    The article analyzes preconditions of realization of the right to religious education in Lithuania during the period of compulsory education. The article consists of two parts. The essence of the freedom of thought, religion and conscience and their relation to religious education is discussed in the first part. The second part of the article analyses national legal framework related to compulsory education in the light of freedom of thought, religion and conscience. The states are required to ensure education of (...)
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  46. Gonzalo Jover (2001). What Does the Right to Education Mean? A Look at an International Debate From Legal, Ethical, and Pedagogical Points of View. Studies in Philosophy and Education 20 (3):213-223.score: 82.0
    Working from a concept of politics of education that encompasses legal,ethical and pedagogical levels of analysis, this paper presents theresults of a field work project on the meaning and current state of theright to education with a larger philosophical discourse. Talk ofeducation as a human right presupposes taking part in a horizon ofinterpretation. Projected is a view of person as a subject, i.e., assomeone not only placed in a specific context, but also as someone whois capable of distancing him/herself (...)
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  47. Inmaculada de Melo-Martin (2014). The Ethics of Anonymous Gamete Donation: Is There a Right to Know One's Genetic Origins? Hastings Center Report 44 (2).score: 82.0
    A growing number of jurisdictions hold that gamete donors must be identifiable to the children born with their eggs or sperm, on grounds that being able to know about one's genetic origins is a fundamental moral right. But the argument for that belief has not yet been adequately made.
     
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  48. Thom Brooks (2004). A Defence of Jury Nullification. Res Publica 10 (4):401-423.score: 79.0
    In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I (...)
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  49. Gediminas Merkys, Algimantas Urmonas & Daiva Bubelienė (2011). Security Assessment of Teachers' Right to Healthy and Safe Working Environment: Data from a Mass Written Survey (article in Lithuanian). Jurisprudence 18 (2):575-594.score: 76.7
    This paper presents the results of an empirical study that reflects monitoring and evaluation of the implementation of some legal acts on the labour of the Republic of Lithuania. The analysis of legal documents at the national and international level is provided. A review of cognate studies conducted by foreign and Lithuanian researchers is presented and the professional situation of a Lithuanian teacher from the employee rights perspective is highlighted. The professional activities contexts and sectors, wherein systematic violations of teachers’ (...)
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  50. Hamish Stewart (2014). The Right to Be Presumed Innocent. Criminal Law and Philosophy 8 (2):407-420.score: 73.0
    The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal (...)
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