'With Cat-Like Tread': Jury Trial and the European Court of Human Rights

Coen, Mark

Abstract

This article critiques the impact of the European Convention on Human Rights, as interpreted in the jurisprudence of the Strasbourg Court, on the criminal trial jury. It argues that thus far the Convention has had a limited effect on jury trial, and that the Court tends to proceed with undue caution when confronted with issues affecting the key attributes of this mode of trial. It further argues that this caution may be influenced by non-legal considerations which should have no place in human rights adjudication.

Citation

Coen, M. (2014). 'With Cat-Like Tread': Jury Trial and the European Court of Human Rights. Human Rights Law Review, 14(1), 107-131. https://doi.org/10.1093/hrlr/ngt047

• Journal Article Type: Article
• Online Publication Date: Feb 11, 2014
• Publication Date: Mar 1, 2014
• Deposit Date: Jan 19, 2014
• Publicly Available Date: Jun 19, 2014
• Journal: Human Rights Law Review
• Print ISSN: 1461-7781
• Electronic ISSN: 1744-1021
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 14
• Issue: 1
• Pages: 107-131
• DOI: https://doi.org/10.1093/hrlr/ngt047
• Keywords: Jury trial, Criminal jury system, European Court of Human Rights, United Kingdom, United Kingdom Bill of Rights, Article 6 European Convention on Human Rights.
• Public URL: https://durham-repository.worktribe.com/output/1472769