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.
Download or read book Exclusionary Rule in Criminal Trials written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice and published by . This book was released on 1985 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 461 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.
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 268 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.
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:
Download or read book The Supreme Court and the Fourth Amendment s Exclusionary Rule written by Tracey Maclin and published by . 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.
Download or read book Constitutional Exclusion written by James J. Tomkovicz and published by Oxford University Press, USA. This book was released on 2011 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Exclusion, James J. Tomkovicz discusses the "exclusionary rules" which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public. The understandable antipathy toward evidentiary suppression is, to some extent, attributable to misunderstanding of the reasons why our legal system suppresses probative evidence of guilt. Professor Tomkovicz describes and discusses the natures and the purposes of the seven different constitutional exclusion mandates. The in-depth examinations and analyses of exclusionary rule histories, foundations, objectives, and doctrines found in the book dispel some of the critical misconceptions and flawed assumptions that surround the rules and that prevent appreciation of their significant roles in enforcing fundamental rights. It is essential reading for anyone interested in the delicate balance our Bill of Rights strikes between freedom and order, between liberty and security.
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:
Download or read book Search and Seizure A Treatise on the Fourth Amendment written by and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the classic Search and Seizure: A Treatise on the Fourth Amendment, one of the nation's foremost authorities on the Fourth Amendment systematically interprets and applies the amendment to a variety of diverse fact patterns. Topics covered in this six-volume set include: The exclusionary rule and related remedies; Protected areas and interests; Probable cause; Search warrants; Stop and frisk; Inspections; Regulatory searches; Administration of the exclusionary rule. Features include: Highlights Fourth Amendment applications in factual situations with helpful cross-references supporting the positioning of facts; Identifies grounds for a Terry stop; Includes tables of cases, statutes, rules, and regulations." - publisher's description.
Download or read book The Exclusionary Rule Bills written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law and published by . This book was released on 1982 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution and Criminal Procedure written by Akhil Reed Amar and published by Yale University Press. This book was released on 1997-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.
Download or read book Rights on Trial written by Paul Lermack and published by . This book was released on 1983 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explains the Supreme Court's selective incorporation opinions of 1961-1969 and the result of the broadening of the Bill of Rights on state criminal law. The author views the emergence of a cooperative federalism.
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.
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.
Download or read book The Constable Has Blundered written by Walter P. Signorelli and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constable Has Blundered: The Exclusionary Rule, Crime, and Corruption examines and explains how the exclusionary rule undermines the purposes of the criminal justice system, increases crime rates, dispenses unequal justice, and encourages police corruption. Professor Signorelli uses concrete examples and cases to demonstrate the connections between the rule and its problematic consequences. The book explains how unequal treatment of defendants, denial of justice to crime victims, and perjury by police officers to circumvent the rule taint the criminal justice system, and how a tainted justice system spreads ill effects throughout society. This second edition includes a new chapter regarding the exclusionary rule problem in the war on terrorism as manifested by the acquittals of Ghailani in his trial for bombing the US Embassies as well as another new chapter regarding the exclusionary rule in relation to advances in technology that intrude on individual privacy, particularly GPS tracking. Other additions to the new edition include coverage of recent cases from the Roberts court and two new classroom problems in the appendix. "In The Constable Has Blundered, criminal defense attorney and former longtime police officer Signorelli argues that the exclusionary rule should be eliminated, if not significantly curtailed. The author successfully demonstrates troubling inconsistencies in judicial application of the Fourth and Fifth amendments and their harmful effects, most notably corruption, equal protection violations, and justice denied to crime victims. The detailed discussions of the case law--both the legal rules and practical effects--are valuable for students and practitioners alike, particularly the too-often ignored state cases... Summing Up: Recommended." -- CHOICE Magazine (on the first edition)
Download or read book Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023-09-14 with total page 1670 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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: Torres v. Madrid (2021) and its 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. Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing Apodaca and its confusing array of overlapping plurality opinions. Edwards v. Vannoy (2021) and its holding that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Discovery reform in New York State. 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).
