Abstract
In this essay, I argue that absent special circumstances, there are no moral, judicial procedural rights. I divide this essay into four main sections. First, I argue that there is no general moral right against double jeopardy. Next, I explain why punishing a criminal without first establishing her guilt via a fair trial does not necessarily violate her rights. In the third section, I respond to a number of possible objections. And finally, I consider the implications of my arguments for the human right to due process.
| Original language | English |
|---|---|
| Pages (from-to) | 286-306 |
| Number of pages | 21 |
| Journal | Legal Theory |
| Volume | 20 |
| Issue number | 4 |
| DOIs | |
| State | Published - Jun 22 2015 |
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