In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high.
Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia.
It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
Criminal Discovery is ‘creative, provocative and most impressive in its mastery of legal history, theory and common law experience. It puts a persuasive case for substantial reform of one of the most contentious areas of criminal justice over the centuries, an area in which there is usually much more heat than light. He has shone a powerful torch on it, showing a way forward’.
Stephen Odgers SC
This well-researched and equally well-written treatise is bound to command attention and respect in what now seems to be the eternal debate about a right to silence and compulsion to disclose. The book should not just be regarded as informative but also essential reading for those who seek to engage in that debate.
The Honourable Ian Callinan AC, QC, Justice of the High Court of Australia
Published 28 April 2008
Publisher Institute of Criminology, Sydney
Australian RRP $71.50
International Price $70.00
Law - Criminal Law & Procedure
Criminology & Policing - Justice Studies
Institute of Criminology, Sydney, Monograph Series