Criminal Evidence And Human Rights
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Criminal Evidence And Human Rights
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Author : Paul Roberts
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-05-18
Criminal Evidence And Human Rights written by Paul Roberts and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-18 with Law categories.
Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Criminal Evidence And Human Rights
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Author : Paul Roberts
language : en
Publisher:
Release Date : 2012
Criminal Evidence And Human Rights written by Paul Roberts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Electronic books categories.
Criminal procedure in the common law world is being recast in the image of human rights. These essays explore various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Ireland, Singapore, Scotland, South Africa and the USA.
Criminal Evidence And Human Rights
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Author : Paul Roberts
language : en
Publisher:
Release Date : 2012
Criminal Evidence And Human Rights written by Paul Roberts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Evidence, Criminal categories.
Evidence, Proof and Process.
Human Rights In Criminal Procedure
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Author : John Albert Andrews
language : en
Publisher: BRILL
Release Date : 1982-05-26
Human Rights In Criminal Procedure written by John Albert Andrews and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-05-26 with Law categories.
Revised papers from a conference organised by the United Kingdom National Commission on Comparative Law at Manchester 1978.
Criminal Evidence
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Author : Paul Roberts
language : en
Publisher: Oxford University Press
Release Date : 2010-08-26
Criminal Evidence written by Paul Roberts and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-26 with Language Arts & Disciplines categories.
Based on Adrian Zuckerman's 'The Principles of Criminal Evidence', this book presents a comprehensive treatment of the fundamental principles & underlying logic of the law of criminal evidence. It includes changes relating to presumption of innocence, privilege against self-incrimination, character, & the law of corroboration.
Human Rights And Criminal Justice
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Author : Ben Emmerson
language : en
Publisher: Sweet & Maxwell
Release Date : 2012
Human Rights And Criminal Justice written by Ben Emmerson and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.
The Internationalisation Of Criminal Evidence
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Author : John D. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-19
The Internationalisation Of Criminal Evidence written by John D. Jackson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-19 with Law categories.
Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.
The Exclusionary Rule Of Evidence
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Author : Kuo-hsing Hsieh
language : en
Publisher: Routledge
Release Date : 2016-03-16
The Exclusionary Rule Of Evidence written by Kuo-hsing Hsieh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Law categories.
This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.
The Right To Silence In Transnational Criminal Proceedings
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Author : Fenella M. W. Billing
language : en
Publisher: Springer
Release Date : 2016-09-01
The Right To Silence In Transnational Criminal Proceedings written by Fenella M. W. Billing and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-01 with Law categories.
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
The Presumption Of Innocence
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Author : Andrew Stumer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-06-14
The Presumption Of Innocence written by Andrew Stumer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-14 with Law categories.
The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.