The Internationalisation of Criminal Evidence PDF Download
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Author: John D. Jackson
Publisher: Cambridge University Press
ISBN: 110701865X
Category : Law
Languages : en
Pages : 443
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Book Description
An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
Author: John D. Jackson
Publisher: Cambridge University Press
ISBN: 110701865X
Category : Law
Languages : en
Pages : 443
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Book Description
An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
Author: Paul Roberts
Publisher: Bloomsbury Publishing
ISBN: 1847319467
Category : Law
Languages : en
Pages : 308
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Book Description
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.
Author: Artur Appazov
Publisher: Springer
ISBN: 3319243403
Category : Law
Languages : en
Pages : 208
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Book Description
The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.
Author: Mirjan Damaška
Publisher: Cambridge University Press
ISBN: 1108497284
Category : Law
Languages : en
Pages : 161
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Book Description
Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.
Author: Paul Roberts
Publisher: Oxford University Press
ISBN: 0198824483
Category : Law
Languages : en
Pages : 897
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Book Description
Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published.With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one.The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
Author: Larry Laudan
Publisher: Cambridge University Press
ISBN: 113945708X
Category : Philosophy
Languages : en
Pages : 235
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Book Description
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Author: Catherine Seville
Publisher: Cambridge University Press
ISBN: 1139461001
Category : Law
Languages : en
Pages : 20
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Book Description
Technological developments have shaped copyright law's development, and now the prospect of endless, effortless digital copying poses a significant challenge to modern copyright law. Many complain that copyright protection has burgeoned wildly, far beyond its original boundaries. Some have questioned whether copyright can survive the digital age. From a historical perspective, however, many of these 'new' challenges are simply fresh presentations of familiar dilemmas. This book explores the history of international copyright law, and looks at how this history is relevant today. It focuses on international copyright during the nineteenth century, as it affected Europe, the British colonies (particularly Canada), America, and the UK. As we consider the reform of modern copyright law, nineteenth-century experiences offer highly relevant empirical evidence. Copyright law has proved itself robust and flexible over several centuries. If directed with vision, Seville argues, it can negotiate cyberspace.
Author: William Twining
Publisher: Cambridge University Press
ISBN: 1139453211
Category : Law
Languages : en
Pages : 37
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Book Description
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Author: Mireille Delmas-Marty
Publisher: Cambridge University Press
ISBN: 9780521591102
Category : Law
Languages : en
Pages : 840
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Book Description
Revised by Elena Ricci
Author: Jonathan Doak
Publisher: Routledge
ISBN: 1317815084
Category : Law
Languages : en
Pages : 640
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Book Description
Evidence in Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book helps to inform students of the major debates within the field, providing an explanation as to how and why the law has developed as it has. This fourth edition has been revised and expanded to include developments in the law of hearsay evidence as well as recent litigation surrounding witness anonymity orders, bad character and vulnerable witnesses. It also addresses the on-going controversy and debate about the use of expert witnesses. A brand new chapter considers the contentious issue of public interest immunity, and the introductory chapter has been substantially expanded to consider the?continuing interplay between the UK courts and the European Court of Human Rights as the role of human rights in evidence becomes increasingly important. Features include: Key learning points to summarise the major principles of evidence law Practical examples to help students understand how the rules are applied in practice Self-test questions to encourage students to reflect on what they have learned A supporting companion website including answers to self-test questions Well-written, clear and with a logical structure throughout, Evidence in Context contains all the information necessary for any undergraduate evidence law module.
