The Exclusionary Rule Of Evidence

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The Exclusionary Rule of Evidence

Author : Asst Prof Kuo-hsing Hsieh
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472410696
Total Pages : 265 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis The Exclusionary Rule of Evidence by : Asst Prof Kuo-hsing Hsieh

Download or read book The Exclusionary Rule of Evidence written by Asst Prof Kuo-hsing Hsieh and published by Ashgate Publishing, Ltd.. This book was released on 2014-12-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Author : Sabine Gless
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless

Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Exclusionary Rules in Comparative Law

Author : Stephen C. Thaman
Publisher : Springer Science & Business Media
ISBN 13 : 9400753489
Total Pages : 456 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Exclusionary Rules in Comparative Law by : Stephen C. Thaman

Download or read book Exclusionary Rules in Comparative Law written by Stephen C. Thaman and published by Springer Science & Business Media. This book was released on 2012-12-31 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Exclusionary Rule of Evidence

Author : Kuo-hsing Hsieh
Publisher : Routledge
ISBN 13 : 1317032446
Total Pages : 263 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Exclusionary Rule of Evidence by : Kuo-hsing Hsieh

Download or read book The Exclusionary Rule of Evidence written by Kuo-hsing Hsieh and published by Routledge. This book was released on 2016-03-16 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Supreme Court and the Fourth Amendment's Exclusionary Rule

Author : Tracey Maclin
Publisher : Oxford University Press
ISBN 13 : 0199795479
Total Pages : 414 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Supreme Court and the Fourth Amendment's Exclusionary Rule by : Tracey Maclin

Download or read book The Supreme Court and the Fourth Amendment's Exclusionary Rule written by Tracey Maclin and published by Oxford University Press. This book was released on 2013 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.

Search and Seizure

Author : Wayne R. LaFave
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Search and Seizure by : Wayne R. LaFave

Download or read book Search and Seizure written by Wayne R. LaFave and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor LaFave interprets and applies the Fourth Amendment in diverse factual situations for developing more effective arguments of search and seizure issues in plea bargaining, trial, and appeal phases of a criminal case. Expert discussion covers the exclusionary rule and other remedies, protected areas and interests, probable cause, and search warrants. This work also addresses search and seizure of persons and personal effects, entry and search of premises, search and seizure of vehicles, and consent searches. Explores stop and frisk and similar lesser intrusions, along with inspections and regulatory searches. Also examines the administration of the exclusionary rule.

Impact of the Exclusionary Rule on Federal Criminal Prosecutions

Author : United States. General Accounting Office
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Impact of the Exclusionary Rule on Federal Criminal Prosecutions by : United States. General Accounting Office

Download or read book Impact of the Exclusionary Rule on Federal Criminal Prosecutions written by United States. General Accounting Office and published by . This book was released on 1979 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Illicitly Obtained Evidence at the International Criminal Court

Author : Petra Viebig
Publisher : Springer
ISBN 13 : 9462650934
Total Pages : 294 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Illicitly Obtained Evidence at the International Criminal Court by : Petra Viebig

Download or read book Illicitly Obtained Evidence at the International Criminal Court written by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.

The Exclusionary Rule of Evidence

Author : Kuo-hsing Hsieh
Publisher : Routledge
ISBN 13 : 1317032438
Total Pages : 288 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Exclusionary Rule of Evidence by : Kuo-hsing Hsieh

Download or read book The Exclusionary Rule of Evidence written by Kuo-hsing Hsieh and published by Routledge. This book was released on 2016-03-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Connecticut Code of Evidence

Author : Connecticut
Publisher : West Group Publishing
ISBN 13 : 9780314244857
Total Pages : 100 pages
Book Rating : 4.2/5 (448 download)

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Book Synopsis Connecticut Code of Evidence by : Connecticut

Download or read book Connecticut Code of Evidence written by Connecticut and published by West Group Publishing. This book was released on 1999 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mapp V. Ohio

Author : Carolyn Nestor Long
Publisher :
ISBN 13 :
Total Pages : 270 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Mapp V. Ohio by : Carolyn Nestor Long

Download or read book Mapp V. Ohio written by Carolyn Nestor Long and published by . This book was released on 2006 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise and compelling account of the closely-decided Supreme Court ruling that balanced the duties of state and local crime fighters against the rights of individuals from being tried with illegally seized evidence.

Exclusionary Injustice

Author : Steven R. Schlesinger
Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Exclusionary Injustice by : Steven R. Schlesinger

Download or read book Exclusionary Injustice written by Steven R. Schlesinger and published by . This book was released on 1977 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Jersey Rules of Evidence

Author : New Jersey. Circuit Courts
Publisher :
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis New Jersey Rules of Evidence by : New Jersey. Circuit Courts

Download or read book New Jersey Rules of Evidence written by New Jersey. Circuit Courts and published by . This book was released on 1967 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminal Law, Procedure, and Evidence

Author : Walter P. Signorelli
Publisher : Taylor & Francis
ISBN 13 : 1000959236
Total Pages : 396 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Criminal Law, Procedure, and Evidence by : Walter P. Signorelli

Download or read book Criminal Law, Procedure, and Evidence written by Walter P. Signorelli and published by Taylor & Francis. This book was released on 2023-10-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.

Core Concepts in Criminal Law and Criminal Justice

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Rationale of Judicial Evidence

Author : Jeremy Bentham
Publisher :
ISBN 13 :
Total Pages : 642 pages
Book Rating : 4.B/5 (1 download)

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Book Synopsis Rationale of Judicial Evidence by : Jeremy Bentham

Download or read book Rationale of Judicial Evidence written by Jeremy Bentham and published by . This book was released on 1827 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The New World of Police Accountability

Author : Samuel E. Walker
Publisher : SAGE Publications
ISBN 13 : 1544339194
Total Pages : 361 pages
Book Rating : 4.5/5 (443 download)

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Book Synopsis The New World of Police Accountability by : Samuel E. Walker

Download or read book The New World of Police Accountability written by Samuel E. Walker and published by SAGE Publications. This book was released on 2018-12-12 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised to cover recent events and research, the Third Edition of The New World of Police Accountability provides an original and comprehensive analysis of some of the most important developments in police accountability and reform strategies. With a keen and incisive perspective, esteemed authors and policing researchers, Samuel Walker and Carol Archbold, address the most recent developments and provide an analysis of what works, what reforms are promising, and what has proven unsuccessful. The book’s analysis draws on current research, as well as the President's Task Force on 21st Century Policing and the reforms embodied in Justice Department consent decrees. New to the Third Edition: The national crisis over police legitimacy and use of force is put into context through extensive discussions of recent police shootings and the response to this national crisis, providing readers a valuable perspective on the positive steps that have been taken and the limits of those steps. Coverage of the issues related to police officer uses of force is now the prevailing topic in Chapter 3 and includes detailed discussion of the topic, including de-escalation, tactical decision making, and the important changes in training related to these issues. An updated examination of the impact of technology on policing, including citizens’ use of recording devices, body-worn cameras, open data provided by police agencies, and use of social media, explores how technology contributes to police accountability in the United States. A complete, up-to-date discussion of citizen oversight of the police provides details on the work of selected oversight agencies, including the positive developments and their limitations, enabling readers to have an informed discussion of the subject. Detailed coverage of routine police activities that often generate public controversy now includes such topics as responding to mental health calls, domestic violence calls, and police "stop and frisk" practices. Issues related to policing and race relations are addressed head-on through a careful examination of the data, as well as the impact of recent reforms that have attempted to achieve professional, bias-free policing.