April 7-8, 2017 (Friday-Saturday)The University of North Carolina at Chapel Hill School of LawCLE Credit: Not Preapproved
In this conference we will consider the relationship between
rights and remedies in criminal procedure in various aspects – including the
contrasting approaches of adversarial and inquisitorial traditions and how this
illuminates differences in the role of law across jurisdictions; new remedies
developed through EU co-operation and ECHR rights-based approaches; and the
challenges of international criminal law remedies, where the approach may
differ from those operated at the national level.
As part of the Ninth Conference on the Future of Adversarial
and Inquisitorial Systems, we seek to consider these issues in context. Is there a difference between adversarial and
inquisitorial approaches, or do all the systems apply the criterion of the
effective violation of a substantial right? In various systems, legislatures
and courts have considered exclusionary rules (mandatory and discretionary),
fines, victim compensation and injunctive relief in different contexts. Rights such as appointed counsel or discovery
help shape the system as well, as they shape the regulation of investigation
and prosecution. Different
considerations may apply during the investigative and adjudicative phases of
criminal cases, with the courts having more discretion to shape rights and
remedies in areas within their exclusive domain.
What is the source of the rights and remedies – legislation
or case law? Does case law play the
prominent role, leaving to the legislator a secondary (and often ineffective)
role? Does the legislator set out the general framework, while the details are
regulated by judicial decisions? And if
remedies are the subject of judicial law-making, how is accountability of
judicial decisions ensured by the systems?
How much flexibility may systems build into their remedial systems? Should courts grant a remedy whenever there
is a violation of formal provisions, or should harmless error and deterrence
Interested in attending but can't make the trip to Chapel Hill, NC? This conference will be made available for online viewing. To receive access to the webcast, please email email@example.com for more information.
If you have any questions regarding this conference, please contact Professor Richard Myers at the University of North Carolina School of Law.
Phone: 919.962.8115Email: firstname.lastname@example.org