The European Right To Confrontation In Criminal Proceedings

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The European Right to Confrontation in Criminal Proceedings

Author : Stefano Maffei
Publisher : ISBS
ISBN 13 : 9789076871646
Total Pages : 302 pages
Book Rating : 4.8/5 (716 download)

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Book Synopsis The European Right to Confrontation in Criminal Proceedings by : Stefano Maffei

Download or read book The European Right to Confrontation in Criminal Proceedings written by Stefano Maffei and published by ISBS. This book was released on 2006 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the theory and practice of the right to confrontation, the right of an accused person to examine witnesses against him. The book tackles the crucial question of what values and interests should allow incursions into this fundamental right. A conceptual analysis is developed in order to define the concept of testimonial evidence and to establish three categories of declarants: the absent, anonymous, and vulnerable witnesses. U.S. law on the Sixth Amendment of the Federal Constitution and ECHR jurisprudence on Article 6 of the European Convention are discussed in an attempt to develop a supra-national approach to confrontation. The book then moves on to provide a comparative study of the right to confrontation, drawing on the rules of criminal procedure and evidence of Italy, France, England, and Wales.

The Right to Confrontation in Europe

Author : Stefano Maffei
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis The Right to Confrontation in Europe by : Stefano Maffei

Download or read book The Right to Confrontation in Europe written by Stefano Maffei and published by . This book was released on 2012 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Criminal Procedures

Author : Mireille Delmas-Marty
Publisher : Cambridge University Press
ISBN 13 : 9780521591102
Total Pages : 840 pages
Book Rating : 4.5/5 (911 download)

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Book Synopsis European Criminal Procedures by : Mireille Delmas-Marty

Download or read book European Criminal Procedures written by Mireille Delmas-Marty and published by Cambridge University Press. This book was released on 2002-10-17 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised by Elena Ricci

Human rights and criminal procedure

Author : Jeremy McBride
Publisher : Council of Europe
ISBN 13 : 928718741X
Total Pages : 529 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Human rights and criminal procedure by : Jeremy McBride

Download or read book Human rights and criminal procedure written by Jeremy McBride and published by Council of Europe. This book was released on 2018-06-18 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.

The Right to Confrontation in Europe

Author : Stefano Maffei
Publisher : Apollo Books
ISBN 13 : 9789089520708
Total Pages : 298 pages
Book Rating : 4.5/5 (27 download)

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Book Synopsis The Right to Confrontation in Europe by : Stefano Maffei

Download or read book The Right to Confrontation in Europe written by Stefano Maffei and published by Apollo Books. This book was released on 2012 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the theory and practice of the Right to Confrontation, and the right of an accused person to examine witnesses against him. This book tackles the question of what values and interests should allow incursions into this fundamental right. A conceptual analysis is developed in order to define the concept of testimonial evidence.

Transnational Evidence and Multicultural Inquiries in Europe

Author : Stefano Ruggeri
Publisher : Springer Science & Business Media
ISBN 13 : 3319025708
Total Pages : 231 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Transnational Evidence and Multicultural Inquiries in Europe by : Stefano Ruggeri

Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Handbook of European Criminal Procedure

Author : Roberto E. Kostoris
Publisher : Springer
ISBN 13 : 3319724622
Total Pages : 450 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Handbook of European Criminal Procedure by : Roberto E. Kostoris

Download or read book Handbook of European Criminal Procedure written by Roberto E. Kostoris and published by Springer. This book was released on 2018-04-12 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.

Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia

Author : Wolfgang Benedek
Publisher : International Studies in Human
ISBN 13 : 9789004415942
Total Pages : 360 pages
Book Rating : 4.4/5 (159 download)

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Book Synopsis Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia by : Wolfgang Benedek

Download or read book Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia written by Wolfgang Benedek and published by International Studies in Human. This book was released on 2020 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume on Implementation of International Human Rights Commitments and Implications on Ongoing Legal Reforms in Ethiopiaaddresses key themes of contemporary interest focused on identifying the gaps between Ethiopia's human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian - the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia - while the country is absorbed in legal and political reforms.

Children and Cross-Examination

Author : J R Spencer
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319556
Total Pages : 314 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Children and Cross-Examination by : J R Spencer

Download or read book Children and Cross-Examination written by J R Spencer and published by Bloomsbury Publishing. This book was released on 2012-06-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.

Hearsay Evidence in Criminal Proceedings

Author : J R Spencer
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252932
Total Pages : 508 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Hearsay Evidence in Criminal Proceedings by : J R Spencer

Download or read book Hearsay Evidence in Criminal Proceedings written by J R Spencer and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.

A Fair Trial at the International Criminal Court?

Author : Elmar Widder
Publisher : PL Academic Research is
ISBN 13 : 9783631675663
Total Pages : 0 pages
Book Rating : 4.6/5 (756 download)

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Book Synopsis A Fair Trial at the International Criminal Court? by : Elmar Widder

Download or read book A Fair Trial at the International Criminal Court? written by Elmar Widder and published by PL Academic Research is. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches the question of whether or not the court procedure at the International Criminal Court (ICC) can be regarded as fair from two angles: First, does the ICC provide a fair trial according to the accepted standards of international human rights law? Secondly, is it substantively fair so as to establish the legitimacy of the court on a sound footing? Practitioners and academics are increasingly conscious of the need for an approach to evidence which spans civil law and common law traditions, national and international law. This is what this monograph does, in meticulous detail, for the law of confrontation and disclosure.

Audi Alteram Partem in Criminal Proceedings

Author : Stefano Ruggeri
Publisher : Springer
ISBN 13 : 3319545736
Total Pages : 706 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Audi Alteram Partem in Criminal Proceedings by : Stefano Ruggeri

Download or read book Audi Alteram Partem in Criminal Proceedings written by Stefano Ruggeri and published by Springer. This book was released on 2017-04-12 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

The Oxford Handbook of Criminal Process

Author : Darryl K. Brown
Publisher : Oxford University Press
ISBN 13 : 0190659866
Total Pages : 1034 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown

Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Criminal Evidence and Human Rights

Author : Paul Roberts
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319467
Total Pages : 308 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Criminal Evidence and Human Rights by : Paul Roberts

Download or read book Criminal Evidence and Human Rights written by Paul Roberts and published by Bloomsbury Publishing. This book was released on 2012-05-18 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.

Judicial Dialogue on Human Rights

Author : Paolo Lobba
Publisher : International Studies in Human
ISBN 13 : 9789004313743
Total Pages : 299 pages
Book Rating : 4.3/5 (137 download)

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Book Synopsis Judicial Dialogue on Human Rights by : Paolo Lobba

Download or read book Judicial Dialogue on Human Rights written by Paolo Lobba and published by International Studies in Human. This book was released on 2017 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Dialogue on Human Rights' offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to test the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims? rights. Another section of the book seeks to devise a methodologically sound ?grammar? of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.

Torture

Author : Manfred Nowak
Publisher : University of Pennsylvania Press
ISBN 13 : 0812249917
Total Pages : 208 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Torture by : Manfred Nowak

Download or read book Torture written by Manfred Nowak and published by University of Pennsylvania Press. This book was released on 2018-04-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Torture, former United Nations Special Rapporteur on Torture Manfred Nowak recounts his experience visiting countries, reviewing documents, collecting evidence, and conducting interviews with perpetrators, witnesses, and victims of torture. His story offers vital insights for human-rights scholars and professionals.

Comparative Criminal Procedure

Author : Jacqueline E. Ross
Publisher : Edward Elgar Publishing
ISBN 13 : 1781007195
Total Pages : 568 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Comparative Criminal Procedure by : Jacqueline E. Ross

Download or read book Comparative Criminal Procedure written by Jacqueline E. Ross and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.