Self-incrimination in the Canadian Criminal Process PDF Download

Author: Ed Ratushny
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 464

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Author: Andrew Choo
Publisher: A&C Black
ISBN: 1782253211
Category : Law
Languages : en
Pages : 180

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The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.

Author: Maryam Ahranjani
Publisher: CQ Press
ISBN: 1483319466
Category : Law
Languages : en
Pages : 563

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Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style by Maryam Ahranjani, Andrew Ferguson and Jamie Raskin – all of whom actively work in the area of juvenile justice -- the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.

Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387

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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: R. H. Helmholz
Publisher: University of Chicago Press
ISBN: 9780226326603
Category : Law
Languages : en
Pages : 336

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Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.

Author: Andrew Choo
Publisher: A&C Black
ISBN: 178225322X
Category : Law
Languages : en
Pages : 233

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Book Description
The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.

Author: C. Ronald Huff
Publisher: Routledge
ISBN: 0415539935
Category : Law
Languages : en
Pages : 434

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This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.

Author: John Rokutani
Publisher: Enslow Publishing, LLC
ISBN: 0766087352
Category : Juvenile Nonfiction
Languages : en
Pages : 50

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Book Description
The Fifth Amendment is one of the more complex and far-reaching amendments to the US Constitution, so this book begins by breaking down each clause one by one, explaining the legalese in uncomplicated language, thus allowing the reader to reach a full understanding of due process. It then systemically describes the impact of the Fifth Amendment clause by clause, using Supreme Court cases as real-world examples. Sidebars highlight the amendment in action and delve into some of the finer points. This book includes rich resource sections that allow for further exploration.

Author: A. Paul Pross
Publisher: Thomson Professional Pub Canada
ISBN: 9780459338978
Category : Enquêtes publiques - Canada
Languages : en
Pages : 216

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Author: Alan W. Mewett
Publisher: Scarborough, Ont. : Carswell
ISBN:
Category : Law
Languages : en
Pages : 290

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