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Author: Benjamin Vogel
Publisher:
ISBN: 9783428185740
Category : Social Science
Languages : en
Pages : 0
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Book Description
Confronted with politically motivated violence and profit-driven organised criminality, legal orders extensively rely on covert surveillance measures to detect, avert, and investigate offences. The rise of such measures and the increasing role of intelligence-gathering as a criminal policy tool does, however, pose considerable challenges to the fairness of criminal proceedings. This volume seeks to address these challenges by inquiring into how legal orders, in the context of criminal trials and related provisional preventive measures, deal with confidential information that must not be disclosed to the defence. To this end, it analyses the criminal procedure law of numerous European countries as well as related frameworks at the UN and EU levels. Comparing these findings and adding an analysis of the jurisprudence of the European Court of Human Rights, the volume then outlines ways to safeguard fair-trial guarantees while respecting the operational needs of investigative authorities and intelligence agencies. The findings highlight how legal orders have increasingly accepted that the courts will often consider, in the assessment of the reliability of incriminating evidence, information that is not disclosed to the defence at any point during the proceedings. As a consequence, there is an urgent need to develop novel procedural approaches to improve judicial scrutiny of confidential material by strengthening the involvement of the accused and, at the same time, to prevent triers of fact at trial from becoming exposed to undisclosed material.
Author: Benjamin Vogel
Publisher:
ISBN: 9783428185740
Category : Social Science
Languages : en
Pages : 0
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Book Description
Confronted with politically motivated violence and profit-driven organised criminality, legal orders extensively rely on covert surveillance measures to detect, avert, and investigate offences. The rise of such measures and the increasing role of intelligence-gathering as a criminal policy tool does, however, pose considerable challenges to the fairness of criminal proceedings. This volume seeks to address these challenges by inquiring into how legal orders, in the context of criminal trials and related provisional preventive measures, deal with confidential information that must not be disclosed to the defence. To this end, it analyses the criminal procedure law of numerous European countries as well as related frameworks at the UN and EU levels. Comparing these findings and adding an analysis of the jurisprudence of the European Court of Human Rights, the volume then outlines ways to safeguard fair-trial guarantees while respecting the operational needs of investigative authorities and intelligence agencies. The findings highlight how legal orders have increasingly accepted that the courts will often consider, in the assessment of the reliability of incriminating evidence, information that is not disclosed to the defence at any point during the proceedings. As a consequence, there is an urgent need to develop novel procedural approaches to improve judicial scrutiny of confidential material by strengthening the involvement of the accused and, at the same time, to prevent triers of fact at trial from becoming exposed to undisclosed material.
Author: Paul Roberts
Publisher: Oxford University Press
ISBN: 0199231648
Category : Language Arts & Disciplines
Languages : en
Pages : 772
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Book Description
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.
Author: Edward C. Liu
Publisher: DIANE Publishing
ISBN: 1437928021
Category : Computers
Languages : en
Pages : 23
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Book Description
The state secrets privilege is a judicially created evidentiary privilege that allows the gov¿t. to resist court-ordered disclosure of info. during litigation, if there is a reasonable danger that such disclosure would harm the national security of the U.S. The Classified Info. Procedures Act provides pretrial procedures that permit a trial judge to rule on questions of admissibility involving classified info. before introduction of the evidence in open court. Contents of this report: (1) U.S. v. Reynolds: The Seminal Case: Asserting the Privilege; (2) Totten v. U.S.: The Special Case of Nonjusticiable Contracts for Espionage; (3) The Classified Info. Procedures Act and Secret Evidence in Criminal Litigation; and (4) Legislative Modification of the State Secrets Privilege.
Author: Henry Roscoe
Publisher:
ISBN:
Category : Evidence, Criminal
Languages : en
Pages : 988
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Book Description
Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1782252932
Category : Law
Languages : en
Pages : 506
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Book Description
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
Author: John Frederick Archbold
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 786
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Book Description
Author: Sarah St. Vincent
Publisher:
ISBN: 9781623135645
Category : Electronic surveillance
Languages : en
Pages : 77
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Book Description
Methodology -- I. Background -- II. Parallel construction in action -- III. Defendants' difficulties in discovering and challenging parallel construction -- IV. Impact on human rights -- V. Recommendations -- Conclusion -- Acknowledgments -- Annex: Background on US surveillance authorities.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 108
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Book Description
Author: Greg Martin
Publisher: Routledge
ISBN: 1317575148
Category : Law
Languages : en
Pages : 387
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Book Description
Commentators have shown how a ‘culture of security’ ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :
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Book Description
