Download or read book The Talmudic Rule Against Self Incrimination and the American Exclusionary Rule written by Suzanne Darrow Kleinhaus and published by . This book was released on 2013 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Brennan recognized the inherent tension in American society between individual liberties and community safety and the concomitant need to be vigilant in protecting the rights of the individual from the power of the government. He found such protection in the Exclusionary Rule to the Fourth, Fifth, and Sixth Amendments. But this protection was far from absolute. Rather, it was subject to numerous exceptions and with each exception, the protection it afforded the individual was in danger of further erosion. In contrast, Jewish law would seem to provide just such an absolute protection. Where what is lacking in American law is a coherent approach that affords consistent protection to the individual from the state, at least in the exercise of its law enforcement powers in seeking a confession of guilt, “[t]he Talmudic rule against confessions, with its . . . absolute bar in all criminal (and quasi-criminal) cases, . . .” would appear to provide “just such a unitary approach.”Is it possible, therefore, to conceive of the Talmudic rule against self-incrimination as the ultimate “Exclusionary Rule?” Would Justice Brennan consider it a true safeguard of individual liberty against the power of the State? Or is the Talmudic prohibition really the tool of the society to be used to protect it from the transgressions of the individual?
Download or read book Self incrimination in Jewish Law written by Aaron Kirschenbaum and published by United Synagogue of America Book Service. This book was released on 1970 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: November 1963
Download or read book Jewish Law and American Law Volume 1 written by Samuel J. Levine and published by Academic Studies PRess. This book was released on 2021-02-16 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system. Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.
Download or read book Loyola of Los Angeles International Comparative Law Review written by and published by . This book was released on 2006 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Racism and Human Rights written by Raphael Walden and published by Springer. This book was released on 2013-11-11 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topical and thought-provoking articles in this volume have been contributed by leading authorities and discuss some of the key issues currently facing the human rights community. Many were originally circulated by the CCJO as its contribution to the vigorous debate at the World Conference Against Racism. The issues discussed include, among others, human rights and the Security Council, slavery, racism on the internet, and religion and human rights. The Consultative Council of Jewish Organizations (CCJO) was founded in 1946 by the Nobel Peace Prize Laureate, Rene Cassin, who was also its president for many years. As an NGO in consultative status with the United Nations, it has played an active role in the growth of international human rights, both by participating in UN activities, and by lending its weight to human rights campaigns worldwide. For more information see the website www.ccjo.org.
Download or read book The Bill of Rights in Modern America written by David J. Bodenhamer and published by Indiana University Press. This book was released on 2008 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: An expert guide to current debates on individual rights in America.
Download or read book The Privilege Against Self Incrimination written by R. H. Helmholz and published by University of Chicago Press. This book was released on 1997-06-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Download or read book Crimes of Violence Rape and other sex crimes written by Francis Lee Bailey and published by . This book was released on 1973 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
Download or read book Index to Legal Periodicals Books written by and published by . This book was released on 2003 with total page 2072 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jewish Law in Legal History and the Modern World written by Bernard S. Jackson and published by BRILL. This book was released on 2023-08-28 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Combating Crime in the Digital Age A Critical Review of EU Information Systems in the Area of Freedom Security and Justice in the Post Interoperability Era written by Athina Giannakoula and published by BRILL. This book was released on 2020-03-31 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Combating Crime in the Digital Age the authors offer a systematic and critical account of EU information systems in the area of freedom, security and justice. They examine personal data protection law, criminal procedure law and police law to propose safeguards and limitations addressing the emerging challenges for fundamental rights.
Download or read book Jewish Law Mishpat Ivri written by Menachem Elon and published by LexisNexis/Matthew Bender. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first and only casebook on the subject in English, Jewish Law provides insight into a legal system with a long and rich tradition, addressing issues that are relevant today in American law. Its primary focus is on the legal aspects of Jewish law, with emphasis on its historical development. The quoted materials originate from a wide variety of sources, from the Torah and rabbinic responsa, to modern authorities and court opinions written by Justice Elon while serving as a Justice and Deputy President of the Supreme Court of Israel. Jewish Law encompasses a broad spectrum of subjects, and in sufficient depth that professors can adapt the materials to their individual teaching methods. By combining jurisprudence, comparative law, and practical law in one clear and concise text, this casebook provides background and perspective for students as well as practitioners. It contrasts the treatment of various topics in Jewish law with the approaches taken by other legal systems, such as American, English, and modern Israeli, thereby offering new insights. The translations from Hebrew to English preserve the original flavor of the Hebrew text. Justice Elon is a legendary figure in Jewish law. He founded and headed the Institute for Research in Jewish Law at the Hebrew University. He was consulted by the Israeli legislature regarding Jewish law issues during the codification of Israeli Civil Law and served as a member of legislative committees. His three-volume treatise, Jewish Law: Ha-Mishpat Ha-Ivri, has become a classic work on the subject in Israel. As a law professor for over 30 years and an ordained rabbi, Justice Elon brings his teaching expertise to this text. His co-authors are also noted and distinguished legal scholars and practitioners, and were the translators of Justice Elon's treatise, Jewish Law (Ha-Mishpat Ha-Ivri), into English.
Download or read book Origins of the Fifth Amendment written by Leonard Williams Levy and published by Ivan R. Dee Publisher. This book was released on 1999 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Origins probes the intentions of the framers of the Fifth Amendment.
Download or read book National Jewish Law Review written by and published by . This book was released on 1986 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Truth Error and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Download or read book An Annual Survey of Australian Law written by and published by . This book was released on 1989 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
