Criminal Evidence And Human Rights

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Criminal Evidence and Human Rights

Author : Paul Roberts,Jill Hunter
Publisher : Bloomsbury Publishing
Page : 302 pages
File Size : 43,5 Mb
Release : 2012-05-18
Category : Law
ISBN : 9781847319463

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Criminal Evidence and Human Rights by Paul Roberts,Jill Hunter Pdf

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.

Human Rights in Criminal Procedure

Author : John Albert Andrews,United Kingdom National Committee of Comparative Law
Publisher : BRILL
Page : 460 pages
File Size : 46,6 Mb
Release : 1982-05-26
Category : Law
ISBN : 9024725526

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Human Rights in Criminal Procedure by John Albert Andrews,United Kingdom National Committee of Comparative Law Pdf

Revised papers from a conference organised by the United Kingdom National Commission on Comparative Law at Manchester 1978.

Criminal Evidence and Human Rights

Author : Paul Roberts
Publisher : Unknown
Page : 451 pages
File Size : 51,8 Mb
Release : 2012
Category : Evidence, Criminal
ISBN : 6613970301

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Criminal Evidence and Human Rights by Paul Roberts Pdf

Evidence, Proof and Process.

Human Rights and Criminal Justice

Author : Ben Emmerson,Andrew Ashworth,Alison Macdonald,Mark A. Summers
Publisher : Sweet & Maxwell
Page : 1133 pages
File Size : 42,5 Mb
Release : 2012
Category : Law
ISBN : 9781847039118

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Human Rights and Criminal Justice by Ben Emmerson,Andrew Ashworth,Alison Macdonald,Mark A. Summers Pdf

A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.

Criminal Evidence and Human Rights

Author : Paul Roberts
Publisher : Unknown
Page : 451 pages
File Size : 45,6 Mb
Release : 2012
Category : Electronic books
ISBN : 1472566017

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Criminal Evidence and Human Rights by Paul Roberts Pdf

Criminal procedure in the common law world is being recast in the image of human rights. These essays explore various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Ireland, Singapore, Scotland, South Africa and the USA.

Criminal Evidence

Author : Paul Roberts,Adrian Zuckerman
Publisher : Oxford University Press
Page : 772 pages
File Size : 49,9 Mb
Release : 2010-08-26
Category : Language Arts & Disciplines
ISBN : 9780199231645

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Criminal Evidence by Paul Roberts,Adrian Zuckerman Pdf

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.

International Criminal Law and Human Rights

Author : Claire De Than,Edwin Shorts
Publisher : Unknown
Page : 608 pages
File Size : 53,6 Mb
Release : 2003
Category : Law
ISBN : UOM:39015061339381

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International Criminal Law and Human Rights by Claire De Than,Edwin Shorts Pdf

This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.

Beyond Virtue and Vice

Author : Alice M. Miller,Mindy Jane Roseman
Publisher : University of Pennsylvania Press
Page : 360 pages
File Size : 52,5 Mb
Release : 2019-02-08
Category : Political Science
ISBN : 9780812295757

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Beyond Virtue and Vice by Alice M. Miller,Mindy Jane Roseman Pdf

Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.

The Internationalisation of Criminal Evidence

Author : John D. Jackson,Sarah J. Summers
Publisher : Cambridge University Press
Page : 128 pages
File Size : 55,8 Mb
Release : 2012-01-19
Category : Law
ISBN : 9781139505550

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The Internationalisation of Criminal Evidence by John D. Jackson,Sarah J. Summers Pdf

Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.

Criminal Evidence in Context

Author : Jonathan Doak,Claire McGourlay
Publisher : Routledge
Page : 370 pages
File Size : 50,7 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781135246280

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Criminal Evidence in Context by Jonathan Doak,Claire McGourlay Pdf

This book explains the key concepts of evidence law clearly and concisely, set against the backdrop of the broader political and theoretical contexts. It 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.

The Exclusionary Rule of Evidence

Author : Kuo-hsing Hsieh
Publisher : Routledge
Page : 263 pages
File Size : 51,8 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317032441

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The Exclusionary Rule of Evidence by Kuo-hsing Hsieh Pdf

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.

Criminal Evidence

Author : Paul Roberts,Adrian Zuckerman
Publisher : Oxford University Press
Page : 897 pages
File Size : 49,7 Mb
Release : 2021-09-20
Category : Law
ISBN : 9780198824480

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Criminal Evidence by Paul Roberts,Adrian Zuckerman Pdf

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.

Judicial Dialogue on Human Rights

Author : Paolo Lobba,Triestino Mariniello
Publisher : BRILL
Page : 321 pages
File Size : 47,9 Mb
Release : 2017-08-28
Category : Law
ISBN : 9789004313750

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Judicial Dialogue on Human Rights by Paolo Lobba,Triestino Mariniello Pdf

The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.

The Criminal Process and Human Rights

Author : Mark A. Summers,Mireille Delmas-Marty
Publisher : BRILL
Page : 221 pages
File Size : 55,8 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004632448

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The Criminal Process and Human Rights by Mark A. Summers,Mireille Delmas-Marty Pdf

The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Université de Paris I - Panthéon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)

Digital Witness

Author : Sam Dubberley,Alexa Koenig,Daragh Murray
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 53,6 Mb
Release : 2020
Category : Law
ISBN : 9780198836063

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Digital Witness by Sam Dubberley,Alexa Koenig,Daragh Murray Pdf

This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization (éditeur).