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The Right to Confrontation in Europe

Absent, Anonymous and Vulnerable Witnesses

The Right to Confrontation in Europe by Stefano Maffei
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This book investigates the theory and practice of the Right to Confrontation, the right of accused persons to examine witnesses against them. Although exceptions to confrontation have always been recognised by domestic criminal courts, no European consensus exists on the values and interests that may legitimately allow incursions into this fundamental right. Based upon the concept of testimonial evidence – which was first developed by the U.S. Supreme Court in Crawford v. Washington in 2004 - this book identifies three categories of declarants whose statements may pose a threat to the fairness of criminal trials: the “absent”, “anonymous” and “vulnerable” witnesses. In a truly supra-national perspective, attention focuses on the Confrontation clause of Article 6 of the European Convention of Human Rights, as interpreted by the case-law of the Strasbourg Court (including the 2011 leading case Al-Khawaja and Tahery v. UK). The book then moves on to provide a comparative study of the Right to Confrontation in the context of the rules of criminal evidence and procedure in Italy, France and England and Wales. Dr. Stefano Maffei is Professor of Criminal Procedure at the University of Parma (Italy). A registered attorney since 2003, he completed a doctorate in Law at the University of Oxford in 2005 and was a Junior Research Fellow at Linacre College. Dr. Maffei joined the Harvard Law School as a Visiting Researcher in 2002 and was a Fulbright Scholar at Temple Law School in 2011. His publications, research and teachings interests are in the area of Human Rights, criminal evidence and procedure.
Europa Law Publishing; November 2012
295 pages; ISBN 9789089521316
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Title: The Right to Confrontation in Europe
Author: Stefano Maffei