Crime, Procedure and Evidence in a Comparative and International Context

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Release : 2008-09-29
Genre : Law
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Book Rating : 627/5 ( reviews)

Crime, Procedure and Evidence in a Comparative and International Context - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Crime, Procedure and Evidence in a Comparative and International Context write by John D Jackson. This book was released on 2008-09-29. Crime, Procedure and Evidence in a Comparative and International Context available in PDF, EPUB and Kindle. This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

The Exclusionary Rule of Evidence

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Release : 2016-03-16
Genre : Law
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Book Rating : 446/5 ( reviews)

The Exclusionary Rule of Evidence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Exclusionary Rule of Evidence write by Kuo-hsing Hsieh. This book was released on 2016-03-16. The Exclusionary Rule of Evidence available in PDF, EPUB and Kindle. 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.

International and Transnational Criminal Law

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Release : 2023-09-15
Genre : Law
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Book Rating : 102/5 ( reviews)

International and Transnational Criminal Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International and Transnational Criminal Law write by David Luban. This book was released on 2023-09-15. International and Transnational Criminal Law available in PDF, EPUB and Kindle. International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.

Judicial Control of Foreign Evidence in Comparative Perspective

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Release : 2005
Genre : Law
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Book Rating : 327/5 ( reviews)

Judicial Control of Foreign Evidence in Comparative Perspective - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Control of Foreign Evidence in Comparative Perspective write by Chantal Joubert. This book was released on 2005. Judicial Control of Foreign Evidence in Comparative Perspective available in PDF, EPUB and Kindle. Discusses judicial control of foreign evidence in comparative perspective

Criminal Procedures, Cases, Statutes, and Executive Materials

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Release : 2022-08-18
Genre : Criminal procedure
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Book Rating : 937/5 ( reviews)

Criminal Procedures, Cases, Statutes, and Executive Materials - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Criminal Procedures, Cases, Statutes, and Executive Materials write by Marc Louis Miller. This book was released on 2022-08-18. Criminal Procedures, Cases, Statutes, and Executive Materials available in PDF, EPUB and Kindle. Criminal Procedures: Cases, Statutes, and Executive Materialsis known for its focus on materials from multiple institutions, including primary materials from U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and police and prosecutorial policies, along with materials from social science studies. Taken together, the principal materials highlight procedural variety, focus on real-world topics, provide the political context, offer a comparative analysis of different legal approaches, and consider the impact of procedures. The 2022 Supplement covers the most recent decisions of the U.S. Supreme Court as well as newsworthy developments such as policing and bail reform, emerging legal responses to new surveillance technologies, and the declination policies of newly-elected prosecutors. New to the 2022 Edition: Two new authors joined the editorial team in 2019: Jenia Iontcheva Turner of SMU Dedman School of Law and Kay L. Levine of Emory University School of Law. With her doctoral training in Socio-Legal Studies and her balanced experience as a prosecutor and a defense attorney in state court, Professor Levine sharpens the focus of the book on the real-world operation of courtroom actors in high-volume state systems. With her background in international criminal tribunals and comparative criminal procedure, Professor Turner strengthens the comparisons between court systems in the U.S. and those around the world. The 2022 Supplement incorporates all of the Criminal Procedure rulings of the U.S. Supreme Court from its October 2019, October 2020, and October 2021 terms, whether through reprinting opinions as principal materials or through summary coverage in new notes and practice problems. The Supplement includes opinions from high state courts that add texture to the doctrines described in the main volume. The Supplement also spotlights new legislative and enforcement trends, including proposals for limiting police use of force, "defunding" or reforming police departments, emerging legal responses to new surveillance technologies, bail reform, and the declination policies that prosecutors publish and apply.