Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387
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Book Description
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.
Author: Kuo-hsing Hsieh
Publisher: Routledge
ISBN: 1317032446
Category : Law
Languages : en
Pages : 263
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Book Description
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.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 244
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Book Description
Author: Stephen C. Thaman
Publisher: Springer Science & Business Media
ISBN: 9400753489
Category : Law
Languages : en
Pages : 461
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Book Description
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.
Author: Kuo-hsing Hsieh
Publisher: Routledge
ISBN: 1317032438
Category : Law
Languages : en
Pages : 268
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Book Description
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.
Author: Tracey Maclin
Publisher:
ISBN: 0199795479
Category : Law
Languages : en
Pages : 414
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Book Description
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.
Author: United States. General Accounting Office
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 40
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Book Description
Author: James J. Tomkovicz
Publisher: Oxford University Press, USA
ISBN: 0195369246
Category : Law
Languages : en
Pages : 449
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Book Description
In Constitutional Exclusion, James J. Tomkovicz discusses the "exclusionary rules" which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public. The understandable antipathy toward evidentiary suppression is, to some extent, attributable to misunderstanding of the reasons why our legal system suppresses probative evidence of guilt. Professor Tomkovicz describes and discusses the natures and the purposes of the seven different constitutional exclusion mandates. The in-depth examinations and analyses of exclusionary rule histories, foundations, objectives, and doctrines found in the book dispel some of the critical misconceptions and flawed assumptions that surround the rules and that prevent appreciation of their significant roles in enforcing fundamental rights. It is essential reading for anyone interested in the delicate balance our Bill of Rights strikes between freedom and order, between liberty and security.
Author: Steven R. Schlesinger
Publisher:
ISBN:
Category : Admissible evidence
Languages : en
Pages : 146
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 868
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Book Description
