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Author: Kuo-hsing Hsieh Publisher: Routledge ISBN: 1317032438 Category : Law Languages : en Pages : 268
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: Kuo-hsing Hsieh Publisher: Routledge ISBN: 1317032446 Category : Law Languages : en Pages : 263
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: Liz Heffernan Publisher: Bloomsbury Publishing ISBN: 1526511487 Category : Law Languages : en Pages : 1071
Book Description
Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Author: Christopher B. Mueller Publisher: Aspen Publishing ISBN: 1543805442 Category : Law Languages : en Pages : 1285
Book Description
Evidence Under the Rules: Text, Cases, and Problems is one of the most widely-adopted Evidence casebooks ever published. Structured around the Federal Rules of Evidence, the book contains carefully edited cases and secondary materials, as well as numerous problems that allow students to apply concepts during classroom exercises or on their own. Text boxes provide interesting background on select cases and additional perspectives on key issues. The Ninth Edition has been updated to include the most recent Evidence cases and developments, as well as insights into recent and pending amendments to the Federal Rules. It has been streamlined by shortening or eliminating some notes, making it even more user-friendly. It contains applications of evidence law to factual scenarios that students are likely to find particularly interesting. New to the Ninth Edition: Discussion of recent influential cases, including the Supreme Courts decisions in Ohio v. Clark and Pena-Rodriguez v. Colorado, as well as the most contemporary federal circuit and trial court decisions New problems exploring issues on Rule 404(b) evidence, Rule 410 protections for plea bargaining statements, the Rule 606(b) ban on postverdict juror testimony, demonstrative aids, and attorney-client privilege New Comment/Perspective boxes on issues of corporate character evidence and the use of handwriting experts to authenticate writings after Daubert Discussion of recent amendments to the Federal Rules, such as the amendment to the Rule 803(16) Ancient Documents hearsay exception, as well as discussion of the pending proposal to amend the Rule 807 Residual exception to the hearsay rule Professors and students will benefit from: Introductory text that provides a foundation for understanding the cases and materials that follow Numerous problems that treat cutting-edge issues, allowing students to apply important concepts to contemporary evidentiary problems Guidance for answering Note questions to assist students in understanding how to approach nuanced evidentiary questions Comment/Perspective text boxes that provide broader perspectives to aid in understanding doctrine
Author: Paul Rock Publisher: Routledge ISBN: 0429892187 Category : History Languages : en Pages : 580
Book Description
Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been ‘written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved’. This book will be of much interest to students of criminology and British history, politics and law.
Author: Chan Wing Cheong Publisher: Academy Publishing ISBN: 9810767994 Category : Criminal law Languages : en Pages : 408
Book Description
In this book, the authors propose a set of improved and modernised provisions expressing the general principles of criminal responsibility. This set of principles will comprise a 'General Part' which, it is proposed, will form part of Singapore's Penal Code. The key objective of devising and enacting the General Part is to significantly revitalise the Penal Code and restore many of its original technical attributes. Each chapter of this book comprises: (a) a carefully considered and drafted provision on a general principle of criminal responsibility; (b) a summary of the existing law in Singapore pertaining to that principle; (c) a selection of recent formulations of that principle from other jurisdictions to benchmark Singapore's law (both current and proposed) with international best practices; and (d) a comparison of these formulations with the provision proposed in this book for inclusion as a General Part in Singapore's Penal Code.
Author: Rabeea Assy Publisher: Oxford University Press ISBN: 0192590774 Category : Law Languages : en Pages : 396
Book Description
This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today. An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions. Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.
Author: Liz Campbell Publisher: ISBN: 0198818408 Category : Law Languages : en Pages : 527
Book Description
The fifth edition of The Criminal Process continues in the tradition of previous editions in providing an insightful and stimulating analysis of the key issues in criminal processes and procedures. The authors draw on arguments from the law, research, policy, and principle, to present an authoritative overview of this area of study. This edition includes a new chapter on the interface between criminal and civil (preventive) justice, and the addition of questions for discussion and suggested readings at the end of each chapter to facilitate debate and further research.
Author: Caroline Fennell Publisher: Bloomsbury Publishing ISBN: 1526504936 Category : Law Languages : en Pages : 1022
Book Description
The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.
Author: Kuo-hsing Hsieh
Author: Kuo-hsing Hsieh
Author: 
Author: Liz Heffernan
Author: Christopher B. Mueller
Author: Paul Rock
Author: Chan Wing Cheong
Author: Mireille Delmas-Marty
Author: Rabeea Assy
Author: Liz Campbell
Author: Caroline Fennell