The theory of the trial

This project explores a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, we argued, should be understood as a means of calling defendants to answer a charge, and if they were found to be criminally responsible, to account for their conduct.

Within the broader framework of theorising the criminal trial there has developed also an interest on political trials.

Projects

The Trial on Trial

This was a three year research project funded by the Arts and Humanities Research Council between 2004 and 2007. Lindsay Farmer (University of Glasgow) collaborated with Antony Duff and Sandra Marshall (both Philosophy, University of Stirling), and Victor Tadros (Law, University of Warwick).

This project led to three main publications:

  • The Trial on Trial Vol.I. Truth and Due Process (ed. Duff, Farmer, Marshall & Tadros)
  • The Trial on Trial Vol.2. Judgement and Calling to Account (ed. Duff, Farmer, Marshall & Tadros)
  • The Trial on Trial Vol.3. Towards a Normative Theory of the Criminal Trial (Duff, Farmer, Marshall, & Tadros)
The Rivonia Trial 50 Years on

A project on the 50 years since the Rivonia trial in South Africa. In the broader field of ‘transitional justice’ that is too often overwhelmed by cross-cutting discussions, he drew out with extreme care the questions that are central to the project and managed to organise in June 2013 an exceptional three day workshop at the University of Pretoria, with contributions from Mandela’s defence lawyer George Bizos, Sarah Nuttal from Witts, Catherine Cole from Berkeley and other influential scholars. He then put together an exciting proposal for an edited volume around the question of how political vision is both confronted with and woven through legal narratives. For a number of jurisdictions and ongoing trials around the world such insight is hugely relevant.  The volume has been published by Ashgate. Awol is the collection’s (sole) editor and is author of the introduction to the book and a substantive contribution.

Key publications

(2011) Political trials as events. In: Johns, F., Joyce, R. and Pahuja, S. (eds.) Events: The Force of International Law. Routledge Glasshouse Press: London, pp. 130-144. ISBN 9780415554527