Procedural proportionality: the remedy for an uncertain jurisprudence of minor offence justice

Dat T. Bui*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

With a focus on the Common Law jurisdiction of England and Wales and the Civil Law jurisdiction of Vietnam, this article provides an analytical framework to address the uncertain jurisprudence of minor offence processes. The article’s approach is to seek an account of crime and criminal process that is most suitable for practice and most compatible with the broad notion of ‘criminal charge’ under international human rights instruments. It is argued that minor offences should be considered forms of less serious crimes that are subject to short periods of imprisonment or non-custodial punishments and dealt with by summary procedures. The fragmentation of minor offences demands an approach to procedural pragmatism and procedural proportionality; that is, the procedure for each type of offence should be proportionate to the severity of punishment and fair as a whole.

Original languageEnglish
Pages (from-to)83-106
Number of pages24
JournalCriminal Law and Philosophy
Volume12
Issue number1
DOIs
Publication statusPublished - Mar 2018
Externally publishedYes

Keywords

  • Fair trial rights
  • Minor offences
  • Misdemeanours
  • Proportionality
  • Summary justice

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