The Exclusionary Rule Of Evidence
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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.
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 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.
Do Exclusionary Rules Ensure A Fair Trial
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Author : Sabine Gless
language : en
Publisher: Springer
Release Date : 2019-04-17
Do Exclusionary Rules Ensure A Fair Trial written by Sabine Gless and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-17 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.
Illicitly Obtained Evidence At The International Criminal Court
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Author : Petra Viebig
language : en
Publisher: Springer
Release Date : 2016-01-04
Illicitly Obtained Evidence At The International Criminal Court written by Petra Viebig and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-04 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 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.
New Jersey Rules Of Evidence
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Author : New Jersey. Circuit Courts
language : en
Publisher:
Release Date : 1967
New Jersey Rules Of Evidence written by New Jersey. Circuit Courts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Court rules categories.
Improperly Obtained Evidence In Anglo American And Continental Law
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Author : Dimitrios Giannoulopoulos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-02-21
Improperly Obtained Evidence In Anglo American And Continental Law written by Dimitrios Giannoulopoulos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-21 with Law categories.
This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.
Exclusionary Injustice
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Author : Steven R. Schlesinger
language : en
Publisher:
Release Date : 1977
Exclusionary Injustice written by Steven R. Schlesinger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Admissible evidence categories.
Unlocking Evidence
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Author : Charanjit Singh-Landa
language : en
Publisher: Routledge
Release Date :
Unlocking Evidence written by Charanjit Singh-Landa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on with Evidence (Law) categories.
"Unlocking Evidence brings the law to life with diagrams, key facts charts and activities to ensure that you engage with, and fully understand, evidence"--