The Exclusionary Rule Of Evidence

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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.

Core Concepts In Criminal Law And Criminal Justice

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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16

Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos 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 2020-01-16 with Law categories.

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

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 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 Procedural Law Governing Facts And Evidence In International Human Rights Proceedings

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Author : Torsten Stirner
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2021-07-15

The Procedural Law Governing Facts And Evidence In International Human Rights Proceedings written by Torsten Stirner and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.

This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

The Origins Of Adversary Criminal Trial

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Author : John H. Langbein
language : en
Publisher: OUP Oxford
Release Date : 2003

The Origins Of Adversary Criminal Trial written by John H. Langbein and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with History categories.

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.

International Handbook On Psychopathic Disorders And The Law

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Author : Alan R. Felthous
language : en
Publisher: LibreDigital
Release Date : 2007

International Handbook On Psychopathic Disorders And The Law written by Alan R. Felthous and has been published by LibreDigital this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Psychology categories.

Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision making in civil and criminal law.

Uniform Evidence Law

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Author : Miiko Kumar
language : en
Publisher:
Release Date : 2023

Uniform Evidence Law written by Miiko Kumar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Evidence (Law) categories.

"Uniform Evidence Law: Commentary and Materials 7th edition has been updated throughout to provide essential case extracts and thoughtful concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania"--Back cover.

The Indian Evidence Act I Of 1872

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Author : Sir James Fitzjames Stephen
language : en
Publisher:
Release Date : 1872

The Indian Evidence Act I Of 1872 written by Sir James Fitzjames Stephen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1872 with Criminal law categories.

The Exclusionary Rule Of Illegal Evidence In China

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Author : Jingkun Liu
language : en
Publisher: Springer
Release Date : 2019-02-18

The Exclusionary Rule Of Illegal Evidence In China written by Jingkun Liu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-18 with Law categories.

The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People’s Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.