The Exclusionary Rule Of Evidence

Author : Asst Prof Kuo-hsing Hsieh
Publisher : Ashgate Publishing, Ltd.
Page : 265 pages
File Size : 45,6 Mb
Release : 2014-12-28
Category : Law
ISBN : 9781472410696

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The Exclusionary Rule of Evidence by Asst Prof 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.

Author : Stephen C. Thaman
Publisher : Springer Science & Business Media
Page : 456 pages
File Size : 50,6 Mb
Release : 2012-12-31
Category : Law
ISBN : 9789400753488

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Exclusionary Rules in Comparative Law by Stephen C. Thaman Pdf

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 : Sabine Gless,Thomas Richter
Publisher : Springer
Page : 387 pages
File Size : 43,7 Mb
Release : 2019-04-17
Category : Law
ISBN : 9783030125202

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Do Exclusionary Rules Ensure a Fair Trial? by Sabine Gless,Thomas Richter Pdf

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
Page : 263 pages
File Size : 49,5 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.

Author : NICK. KASCHUK
Publisher : Unknown
Page : 128 pages
File Size : 48,7 Mb
Release : 2019
Category : Electronic
ISBN : 0433498935

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24(2) by NICK. KASCHUK Pdf

Author : Petra Viebig
Publisher : Springer
Page : 294 pages
File Size : 52,8 Mb
Release : 2016-01-04
Category : Law
ISBN : 9789462650930

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Illicitly Obtained Evidence at the International Criminal Court by Petra Viebig Pdf

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.

Author : Kuo-hsing Hsieh
Publisher : Routledge
Page : 288 pages
File Size : 51,7 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317032434

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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.

Author : Alan W. Bryant,John Sopinka,Sidney N. Lederman,Michelle K. Fuerst
Publisher : Unknown
Page : 1413 pages
File Size : 41,7 Mb
Release : 2009
Category : Evidence (Law)
ISBN : 0433456787

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The Law of Evidence in Canada by Alan W. Bryant,John Sopinka,Sidney N. Lederman,Michelle K. Fuerst Pdf

Introducing the new edition of Canada's leading work on evidence. Stay up-to-date on evidentiary issues with Sopinka, Lederman & Bryant - The Law of Evidence in Canada, 3rd Edition. Cited as authoritative by appellate courts throughout Canada, it is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence. This new edition includes all significant changes to the law of evidence over the past decade.

Author : Kersi B. Shroff,Stephen F. Clarke
Publisher : Unknown
Page : 82 pages
File Size : 40,8 Mb
Release : 1981
Category : Admissible evidence
ISBN : IND:30000126545114

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Admissibility of Illegally Obtained Evidence by Kersi B. Shroff,Stephen F. Clarke Pdf

Author : Karim A. A. Khan,Caroline Buisman,Christopher Gosnell
Publisher : Unknown
Page : 876 pages
File Size : 48,6 Mb
Release : 2010
Category : Law
ISBN : 9780199588923

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Principles of Evidence in International Criminal Justice by Karim A. A. Khan,Caroline Buisman,Christopher Gosnell Pdf

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Author : Law Reform Commission of Canada. Law of Evidence Project
Publisher : Unknown
Page : 712 pages
File Size : 46,6 Mb
Release : 1972
Category : Evidence (Law)
ISBN : STANFORD:36105044104565

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Evidence by Law Reform Commission of Canada. Law of Evidence Project Pdf

Author : United States. General Accounting Office
Publisher : Unknown
Page : 40 pages
File Size : 47,5 Mb
Release : 1979
Category : Criminal procedure
ISBN : IND:30000090525100

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Impact of the Exclusionary Rule on Federal Criminal Prosecutions by United States. General Accounting Office Pdf

Author : Connecticut,Connecticut. Superior Court
Publisher : West Group Publishing
Page : 100 pages
File Size : 44,9 Mb
Release : 1999
Category : Law
ISBN : 0314244859

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Connecticut Code of Evidence by Connecticut,Connecticut. Superior Court Pdf

Author : David M. Paciocco,Lee Stuesser
Publisher : Unknown
Page : 611 pages
File Size : 51,8 Mb
Release : 2008
Category : Evidence (Law)
ISBN : 1552211541

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The Law of Evidence by David M. Paciocco,Lee Stuesser Pdf

Paciocco and Stuesser s "Law of Evidence," now in its 5th edition, is the most versatile text available on the Canadian law of evidence. The text has been cited and relied upon hundreds of times by courts of all levels across Canada, in both civil and criminal cases. It has also been adapted by the National Judicial Institute for their electronic bench book for trial judges. The new fifth edition carries on the practice in earlier editions of using new appellate level authorities to illustrate the law. It also chronicles significant changes in the law of self-incrimination and hearsay, as well as providing a concise and organized guide for dealing with section 24(2) exclusionary applications in the "Grant" era.

Author : Carolyn Nestor Long
Publisher : Unknown
Page : 270 pages
File Size : 54,6 Mb
Release : 2006
Category : Law
ISBN : UOM:39015063352515

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Mapp V. Ohio by Carolyn Nestor Long Pdf

A concise and compelling account of the closely-decided Supreme Court ruling that balanced the duties of state and local crime fighters against the rights of individuals from being tried with illegally seized evidence.