Operation Of The Exclusionary Rule
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Exclusionary Rules In Comparative Law
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Author : Stephen C. Thaman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-31
Exclusionary Rules In Comparative Law written by Stephen C. Thaman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-31 with Law categories.
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
Operation Of The Exclusionary Rule
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice
language : en
Publisher:
Release Date : 1983
Operation Of The Exclusionary Rule written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Digital images categories.
Do Exclusionary Rules Ensure A Fair Trial
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Author : Thomas Richter
language : en
Publisher:
Release Date : 2020-10-08
Do Exclusionary Rules Ensure A Fair Trial written by Thomas Richter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-08 with Law categories.
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People's Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.; This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
The Supreme Court And The Fourth Amendment S Exclusionary Rule
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Author : Tracey Maclin
language : en
Publisher:
Release Date : 2013
The Supreme Court And The Fourth Amendment S Exclusionary Rule written by Tracey Maclin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
The Exclusionary Rule Of Evidence
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Author : Asst Prof Kuo-hsing Hsieh
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-12-28
The Exclusionary Rule Of Evidence written by Asst Prof Kuo-hsing Hsieh and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-28 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.
Illicitly Obtained Evidence At The International Criminal Court
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Author : Petra Viebig
language : en
Publisher: T.M.C. Asser Press
Release Date : 2016-01-12
Illicitly Obtained Evidence At The International Criminal Court written by Petra Viebig and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-12 with Law categories.
This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
The Failure Of The Criminal Procedure Revolution
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Author : Craig M. Bradley
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-11-11
The Failure Of The Criminal Procedure Revolution written by Craig M. Bradley and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-11 with Social Science categories.
In a series of landmark decisions in the early 1960s, the United States Supreme Court revolutionized police procedures by imposing stricter requirements, such as search warrants, Miranda warnings, and the exclusion of improperly obtained evidence from trial. Today, these innovations remain largely intact and form the basis of current American criminal procedure law, even in the face of considerable criticism and an increasing conservative domination of the Court. But despite the survival of the Warren Court doctrine, everyone involved in the system--police, prosecutors, crime victims, academic commentators, and judges, including the Supreme Court Justices themselves—regard the current body of Supreme Court law in this area as a failure. In The Failure of the Criminal Procedure Revolution, Craig M. Bradley persuasively argues that no shift in ideology, no commitment of resources, and no refinement of Supreme Court jurisprudence would resolve the inadequacies of the current system. These problems arose from a constitutional system that has allowed the United States to develop its rules of criminal procedure on a piecemeal, case-by-case basis, rather than through a unified code of criminal procedure, as other countries have done. Only the United States expects its police to follow a set of rules so cumbersome, and so complex, that one area of criminal procedure alone—search and seizure—requires a four-volume treatise to explicate. Bradley proposes that the United States should, in keeping with the international trend, regulate police procedures through a comprehensive and nationally applicable code. He examines why the present system is a failure and how other countries have developed their criminal procedure law. He further argues that a national code would be constitutional and outlines what its features should be, how it would function, and what alternative approaches are possible and practicable. The Failure of the Criminal Procedure Revolution is a groundbreaking effort to advocate systematic and essential reform in America's court system. It will be of compelling interest to students and scholars in law, political science, and criminology.
Criminal Law And Procedure
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Author : Stephanie A. Jirard
language : en
Publisher: SAGE Publications
Release Date : 2018-12-25
Criminal Law And Procedure written by Stephanie A. Jirard and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-25 with Social Science categories.
Written by a former federal prosecutor and public defender, Criminal Law and Procedure: A Courtroom Approach introduces students to the essentials of criminal law and procedure by illuminating the legal issues justice professionals face before, during, and after a criminal trial. Through the examination of statutes, edited case excerpts, and recent constitutional interpretation of black letter law, the text bridges the gap between learning criminal procedure and applying criminal law. Drawing from author Stephanie A. Jirard’s vast experience in both the courtroom and the classroom, Criminal Law and Procedure gets students to think critically about real-world issues and practice applying the law in a just and meaningful way. Accessible and engaging, this text presents criminal law and procedure as an exciting opportunity to have a direct, positive impact on our communities and the criminal justice system. Key Features: "Making the Courtroom Connection" boxes help students apply the legal concepts they learn to real-life issues facing law enforcement, the court system, and correctional institutions today. Edited case excerpts connect criminal law and procedure with current case material on relevant topics so students can see the impact of judicial decision making. "Applying the Law to the Facts" boxes engage students’ critical thinking skills and enhance their logical problem-solving abilities by providing opportunities to apply the rule of law to different scenarios. "Springboard for Discussion" prompts spark conversations and invite students to contrast the moral, ethical, and legal implications of criminal law and procedure in a larger context. Problem-solving exercises at the end of each chapter provide students with opportunities to test themselves on the material before a formal assessment. Active Learning Exercises in the Instructor’s Manual enable professors to offer additional opportunities for experiential learning. Give your students the SAGE edge! SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning.
Criminal Procedure
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Author : Robert M. Bloom
language : en
Publisher: Wolters Kluwer
Release Date : 2006-01-01
Criminal Procedure written by Robert M. Bloom and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
Updated to reflect important current events, Examples & Explanations: Criminal Procedure: The Constitution And The Police, Fifth Edition, retains its proven format of presenting criminal procedure as a sequence of procedures mirroring real-life events in law enforcement. Well-written and user friendly, this concise paperback is an asset to any criminal procedure course. Carefully crafted to aid students' understanding, this study aid gives students a sense of the theoretical flow and logic of law enforcement by following police procedural order graphically demonstrates legal standards and concepts through the use of Charts and illustrations. starts with easy, confidence-building examples and gradually moves on to more challenging examples that test students' knowledge and analytical skills utilizes the proven Examples and Explanations format to explain concepts and allow students to develop analytical and problem-solving skills Special features of the Fifth Edition include: terrorism in the United States And The Fourth Amendment ramifications Please visit the new companion website to learn more about this book. Website: http://www.aspenlawschool.com/bloombrodin5
The Exclusionary Rule Bills
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law
language : en
Publisher:
Release Date : 1982
The Exclusionary Rule Bills written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Civil rights categories.