Commercial Frauds

Problems and Remedies in the Judicial Process

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Despite the considerable growth in the use of administrative sanctions against commercial malpractice, the criminal trial remains the centrepiece of moral condemnation in our society. Lord Devlin (1956, 164) refers to trial by jury as the lamp that shows that freedom lives". Certainly, as Blackstone's grandiose rhetoric indicates, the jury is the symbol of popular legitimation of the Due Process of Law, whereby the criminal justice system is a sort of obstacle course for prosecutors rather than a smooth machine for processing and repressing ‘crime’.


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