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The Confrontation Right Across The Systemic Divide, Richard D. Friedman
The Confrontation Right Across The Systemic Divide, Richard D. Friedman
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In his notable work, Evidence Law Adrift, Mirjan Damaška identified three pillars of the common law system of determining facts in adjudication, and examined these through a comparative lens: the organisation of the trial court; the phenomenon of temporally compressed trials; and a high degree of control by parties and their counsel. In reviewing the book, I suggested that a strong concept of individual rights was another critical feature of the common law system, especially in its American variant and especially with respect to criminal defendants.
In this essay, I will explore how these four features play out in the …