Exclusionary Rules in Comparative 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 Exclusionary Rules in Comparative Law write by Stephen C. Thaman. This book was released on 2012-12-31. Exclusionary Rules in Comparative Law available in PDF, EPUB and Kindle. 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.
Do Exclusionary Rules Ensure a Fair Trial?
Do Exclusionary Rules Ensure a Fair Trial? - 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 Do Exclusionary Rules Ensure a Fair Trial? write by Sabine Gless. This book was released on 2019-04-17. Do Exclusionary Rules Ensure a Fair Trial? available in PDF, EPUB and Kindle. 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.
The Exclusionary Rule of Evidence
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.
Do Exclusionary Rules Ensure a Fair Trial?
Do Exclusionary Rules Ensure a Fair Trial? - 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 Do Exclusionary Rules Ensure a Fair Trial? write by Sabine Gless. This book was released on 2019-05-10. Do Exclusionary Rules Ensure a Fair Trial? available in PDF, EPUB and Kindle. 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.
The Exclusionary Rule of Evidence
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.
