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Book Improperly Obtained Evidence in Anglo American and Continental Law

Download or read book Improperly Obtained Evidence in Anglo American and Continental Law written by Dimitrios Giannoulopoulos and published by Bloomsbury Publishing. This book was released on 2019-02-21 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.

Book Encyclopedia of the Fourth Amendment

Download or read book Encyclopedia of the Fourth Amendment written by John R. Vile and published by CQ Press. This book was released on 2012-12-15 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants, this new reference on the law of search and seizure—in the physical as well as the online world—provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. More than 900 A to Z entries cover the key issues that surround this essential component of the Bill of Rights and the linchpin of a right to privacy. This two-volume reference—from the editors of CQ Press’s award-winning Encyclopedia of the First Amendment—features a series of essays that examine the historical background of the Fourth Amendment along with its key facets relating to: Technology Privacy Terrorism Warrant requirement Congress States A to Z entries include cross-references and bibliographic entries. This work also features both alphabetical and topical tables of contents as well as a comprehensive subject index and a case index.At a time when threats of crime and terrorism have resulted in increased governmental surveillance into personal lives, this work will serve as an important asset for researchers seeking information on the history and relevance of legal rights against such intrusions. Key Features: More than 900 signed entries, including 600 court cases and 100 biographies Preface by noted journalist Nat Hentoff From the editors of CQ Press’s award-winning Encyclopedia of the First Amendment

Book Criminal Law

    Book Details:
  • Author : Paul H. Robinson
  • Publisher : Aspen Publishing
  • Release : 2020-09-15
  • ISBN : 1543823351
  • Pages : 1120 pages

Download or read book Criminal Law written by Paul H. Robinson and published by Aspen Publishing. This book was released on 2020-09-15 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Law: Case Studies and Controversieseschews traditional reliance on judicial opinions in favor of an innovative and dynamic method of criminal law instruction that is centered on statutory interpretation and case studies. Examination of real-world problems allows first-year law students to not only develop familiarity with the criminal law doctrine necessary for potential careers as prosecutors or defense attorneys, but also hone crucial skills for lawyering in general. Provocative case studies provide background for engaging class discussion and challenge students to tackle applying doctrine in real-world situations. When useful, the book provides actual cases from a variety of jurisdictions to further illuminate the concepts with which students have already been forced to grapple. New to the Fifth Edition: Additional and updated case studies and discussion material informed by the professors’ teaching experiences and designed to reinforce issues at the forefront of modern criminal law Streamlined chapters throughout the whole casebook for a more efficient and concise textbook. Professors and students will benefit from: Use of an innovative case studies method – Each topic area includes a detailed story about the people and events leading up to the offense Inclusion of photographs related to the crimes so students can better contextualize issues “Core opinions” of central historical, theoretical, or doctrinal importance in each subject-area section Provocative and timely principal cases from a wide variety of jurisdictions, each followed by the statutes that existed in the jurisdiction at the time of the offense Treatise-like summaries of law in each topic area give students an overview of the law, introduce the underlying theoretical principles, and provide context

Book Public and Local Acts of the Legislature of the State of Michigan

Download or read book Public and Local Acts of the Legislature of the State of Michigan written by Michigan and published by . This book was released on 2006 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes regular and extra sessions.

Book Principles of International Criminal Law

Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2020-10-09 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

Book FCC Record

    Book Details:
  • Author : United States. Federal Communications Commission
  • Publisher :
  • Release : 2007
  • ISBN :
  • Pages : 968 pages

Download or read book FCC Record written by United States. Federal Communications Commission and published by . This book was released on 2007 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Crime Types

    Book Details:
  • Author : Dean A. Dabney
  • Publisher : Aspen Publishing
  • Release : 2012-12-04
  • ISBN : 1454828455
  • Pages : 466 pages

Download or read book Crime Types written by Dean A. Dabney and published by Aspen Publishing. This book was released on 2012-12-04 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blending original text with research, Crime Types: A Text Reader provides a conceptually driven examination of the major types of modern crime: homicide and assault; violent sex crimes; robbery, burglary, and property crime; public order crime; and crimes within complex organizations. The author, known for his publications as well as his scholarship, uses engaging original text to introduce and conclude chapters as well as headnotes to highlight major themes, findings, and links to the broader framework. This innovative conceptual framework helps students understand the behavioral, cognitive, cultural, and social facets of different types of crime. Twenty-five selected readings from diverse voices bring the concepts to life and provide in-depth applications of the text's material. Features: full description and dynamic readings on the crime types of most concern to society homicide and assault violent sex crimes robbery, burglary, property crime public order crime crimes within complex organization provocative conceptual framework for understanding of patterns of offending, victimization, crime settings, and societal responses diverse voices and compelling writing add real-life immediacy and authenticity to the study of the dominant social, behavioral, cognitive, and cultural dimensions of crime headnotes to each reading highlight major conceptual themes, findings, and links to the broader framework discussion questions engage readers in broader questions of cause, response, and prevention key terms included for each chapter wide-ranging references to major resources for further reading and research stellar authorship widely published and highly regarded scholar special interests in criminal justice, organizational culture within law enforcement agencies, forms of deviance and criminal behaviors in organizational settings, and qualitative research methods

Book Miscarriages of Justice in Canada

Download or read book Miscarriages of Justice in Canada written by Kathryn M. Campbell and published by University of Toronto Press. This book was released on 2018-06-12 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innocent people are regularly convicted of crimes they did not commit. A number of systemic factors have been found to contribute to wrongful convictions, including eyewitness misidentification, false confessions, informant testimony, official misconduct, and faulty forensic evidence. In Miscarriages of Justice in Canada, Kathryn M. Campbell offers an extensive overview of wrongful convictions, bringing together current sociological, criminological, and legal research, as well as current case-law examples. For the first time, information on all known and suspected cases of wrongful conviction in Canada is included and interspersed with discussions of how wrongful convictions happen, how existing remedies to rectify them are inadequate, and how those who have been victimized by these errors are rarely compensated. Campbell reveals that the causes of wrongful convictions are, in fact, avoidable, and that those in the criminal justice system must exercise greater vigilance and openness to the possibility of error if the problem of wrongful conviction is to be resolved.

Book Caribbean Anti Trafficking Law and Practice

Download or read book Caribbean Anti Trafficking Law and Practice written by Jason Haynes and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.

Book Feminist Engagement with International Criminal Law

Download or read book Feminist Engagement with International Criminal Law written by Eithne Dowds and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

Book The Diversification and Fragmentation of International Criminal Law

Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Book Consent

    Book Details:
  • Author : Alan Reed
  • Publisher : Routledge
  • Release : 2016-10-14
  • ISBN : 1317161912
  • Pages : 574 pages

Download or read book Consent written by Alan Reed and published by Routledge. This book was released on 2016-10-14 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.

Book Polity and Crisis

    Book Details:
  • Author : Massimo Fichera
  • Publisher : Routledge
  • Release : 2016-04-22
  • ISBN : 131707842X
  • Pages : 315 pages

Download or read book Polity and Crisis written by Massimo Fichera and published by Routledge. This book was released on 2016-04-22 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration is an open-ended, ongoing process which has been deeply challenged by integral world capitalism. This study explores the present EU foundational dilemma, looking at the problematic relationship between the ideal model of integration and the reality of the 21st century. Including contributions from leading theorists, this volume explores the ways and extent to which the present European crisis could create a politico-legal space for new possibilities and opportunities for action. The authors discuss the current role of the EU, and whether it aspires to be a democratic polity or a functional organization based on inter-governmental bargaining. The chapters question whether the future of European integration after the crisis will be paved by decisions which conflict with its Treaty basis, and how it might come up with alternatives which would do more than echo the compulsions of the global market. Issues are analysed from a historical perspective to see what can be learnt from its past and to explore the options for the future. With contributions from prominent international legal and political scholars, the book will be of interest to academics, students and policy-makers working in these areas.

Book Dishonorable Passions

    Book Details:
  • Author : William N. Eskridge
  • Publisher : Penguin
  • Release : 2008
  • ISBN : 9780670018628
  • Pages : 536 pages

Download or read book Dishonorable Passions written by William N. Eskridge and published by Penguin. This book was released on 2008 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the government's regulation of sexual behavior traces the historical purposes behind the prohibition against sodomy in early America and continues with a discussion of how the law was referenced in different contexts in later years, covering such topics as the McCarthy era, the sexual revolution of the 1960s, and the 2003 Supreme Court decision to decriminalize private sex between consenting adults. 20,000 first printing.

Book Defining Rape  Emerging Obligations for States under International Law

Download or read book Defining Rape Emerging Obligations for States under International Law written by Maria Eriksson and published by BRILL. This book was released on 2011-10-28 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law.