Improperly Obtained Evidence in Anglo-American and Continental Law

Improperly Obtained Evidence in Anglo-American and Continental Law
Author : Dimitrios Giannoulopoulos
Publisher : Hart Publishing
Total Pages : 328
Release : 2020-09-24
ISBN 10 : 1509945326
ISBN 13 : 9781509945320
Language : EN, FR, DE, ES & NL

Improperly Obtained Evidence in Anglo-American and Continental Law Book Description:

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.

Improperly Obtained Evidence in Anglo-American and Continental Law
Language: en
Pages: 328
Authors: Dimitrios Giannoulopoulos
Categories:
Type: BOOK - Published: 2020-09-24 - Publisher: Hart Publishing

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
Improperly Obtained Evidence in Anglo-American and Continental Law
Language: en
Pages: 256
Authors: Dimitrios Giannoulopoulos
Categories: Law
Type: BOOK - Published: 2019-02-21 - Publisher: Bloomsbury Publishing

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
The Modern Law of Evidence
Language: en
Pages: 936
Authors: ADRIAN. MCKEOWN KEANE (PAUL.)
Categories:
Type: BOOK - Published: 2022-03-14 - Publisher: Oxford University Press

The Modern Law of Evidence is a best-selling and indispensable guide for students studying the contemporary law of evidence. The fourteenth edition examines the
Philosophical Foundations of Evidence Law
Language: en
Pages: 432
Authors: Christian Dahlman
Categories: Law
Type: BOOK - Published: 2021-09-30 - Publisher: Oxford University Press

Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists w
Teaching Evidence Law
Language: en
Pages: 188
Authors: Yvonne Daly
Categories: Education
Type: BOOK - Published: 2020-07-21 - Publisher: Routledge

Teaching Evidence Law sets out the contemporary experiences of evidence teachers in a range of common law countries across four continents: Australia, Canada, H
Remedies for Human Rights Violations
Language: en
Pages: 450
Authors: Kent Roach
Categories: Law
Type: BOOK - Published: 2021-04-08 - Publisher: Cambridge University Press

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Core Concepts in Criminal Law and Criminal Justice: Volume 2
Language: en
Pages:
Authors: Kai Ambos
Categories: Law
Type: BOOK - Published: 2022-02-17 - Publisher: Cambridge University Press

The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other
Proportionality in Crime Control and Criminal Justice
Language: en
Pages: 496
Authors: Emmanouil Billis
Categories: Law
Type: BOOK - Published: 2021-04-22 - Publisher: Bloomsbury Publishing

This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new securi
The Future of Legal Europe: Will We Trust in It?
Language: en
Pages: 874
Authors: Gavin Barrett
Categories: Law
Type: BOOK - Published: 2021-05-12 - Publisher: Springer Nature

With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the
Relevance in Argumentation
Language: en
Pages: 328
Authors: Douglas Walton
Categories: Language Arts & Disciplines
Type: BOOK - Published: 2003-10-17 - Publisher: Routledge

In Relevance in Argumentation, author Douglas Walton presents a new method for critically evaluating arguments for relevance. This method enables a critic to ju