Author: Sabine Gless Publisher: Springer ISBN: 3030125203 Category : Law Languages : en Pages : 387
Book Description
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.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice Publisher: ISBN: Category : Exclusionary rule (Evidence) Languages : en Pages : 288
Author: Stephen C. Thaman Publisher: Springer Science & Business Media ISBN: 9400753489 Category : Law Languages : en Pages : 456
Book Description
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.
Author: Tracey Maclin Publisher: Oxford University Press ISBN: 0199795479 Category : Law Languages : en Pages : 414
Book Description
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.
Author: Wayne R. LaFave Publisher: ISBN: Category : Searches and seizures Languages : en Pages :
Book Description
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.
Author: Asst Prof Kuo-hsing Hsieh Publisher: Ashgate Publishing, Ltd. ISBN: 1472410696 Category : Law Languages : en Pages : 265
Book Description
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.
Author: Kuo-hsing Hsieh Publisher: Routledge ISBN: 1317032446 Category : Law Languages : en Pages : 263
Book Description
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.
Author: Samuel E. Walker Publisher: SAGE Publications ISBN: 1544339194 Category : Social Science Languages : en Pages : 361
Book Description
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.
Author: Jens David Ohlin Publisher: Aspen Publishing ISBN: Category : Law Languages : en Pages : 995
Book Description
Investigative Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Focus on Torres v. Madrid (2021) and its animating and central question for criminal procedure: Does a shooting by a police officer that fails to incapacitate a suspect, who temporarily eludes capture, constitute a seizure? Simplified but enhanced materials regarding automobile searches. Simplified materials regarding protective sweeps. Enhanced materials on Terry stops, exploring both doctrinal developments and policy implications. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy. controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles). Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Author: Sabine Gless
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice
Author: Stephen C. Thaman
Author: Tracey Maclin
Author: United States. General Accounting Office
Author: Wayne R. LaFave
Author: Asst Prof Kuo-hsing Hsieh
Author: Kuo-hsing Hsieh
Author: Samuel E. Walker
Author: Jens David Ohlin