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Do Exclusionary Rules Ensure A Fair Trial
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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.
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 2019-05-10 with total page 380 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.
Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Thomas Richter
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Thomas Richter and published by . This book was released on 2020-10-08 with total page 386 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.; This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Obstacles to Fairness in Criminal Proceedings by : John D Jackson
Download or read book Obstacles to Fairness in Criminal Proceedings written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.
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.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Evaluation of Forensic DNA Evidence by : National Research Council
Download or read book The Evaluation of Forensic DNA Evidence written by National Research Council and published by National Academies Press. This book was released on 1997-01-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Book Synopsis The Exclusionary Rule of Illegal Evidence in China by : Jingkun Liu
Download or read book The Exclusionary Rule of Illegal Evidence in China written by Jingkun Liu and published by Springer. This book was released on 2019-02-18 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People’s Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 1971 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Community Penalties by : A. E. Bottoms
Download or read book Community Penalties written by A. E. Bottoms and published by Taylor & Francis. This book was released on 2001 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributors in criminology, criminal justice, social policy, and law discuss possible future directions for community penalties, such as electronic tagging, supervised community service, and participation in a treatment or counseling program. They address challenges facing the delivery and development of community penalties, looking at the recent history of the field, cognitive behavioral approaches to changing offenders' behavior, compliance theory, the use of technology in community penalties, and the issue of public safety. Discussion takes place within a UK context, but is applicable to other countries. Material originated at the June 2000 24th Cropwood Round Table Conference. Bottoms teaches criminology at the University of Cambridge and at the University of Sheffield. Distributed by ISBS. c. Book News Inc.
Download or read book Unwarranted written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2017-02-21 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: “At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Book Synopsis Legal Division Handbook by : Federal Law Enforcement Training Center. Legal Division
Download or read book Legal Division Handbook written by Federal Law Enforcement Training Center. Legal Division and published by . This book was released on 2010 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The mission of the Federal Law Enforcement Training Center (FLETC) is to serve as the federal government's leader for and provider of world-class law enforcement training.
Book Synopsis Race and the Jury by : Hiroshi Fukurai
Download or read book Race and the Jury written by Hiroshi Fukurai and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.
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.
