Criminal Evidence and Human Rights

Reimagining Common Law Procedural Traditions
Herausgeber: Hunter, Jill; Roberts, Paul

• Broschiertes Buch

Produktbeschreibung

Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume - now available in paperback - explores various aspects of the 'human rights revolution' in criminal evidence and procedure in the US, Canada, England/Wales, Scotland, Northern Ireland, the Republic of Ireland, Australia, New Zealand, Hong Kong, Malaysia, Singapore, and South Africa. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the European Court of Human Rights), and the scope for reimagining common law procedures through the medium of human rights. This collection showcases the latest theoretically informed, methodologically astute, and doctrinally rigorous scholarship in criminal procedure and evidence, human rights, and comparative law, and it is major addition to the literature in all of these fields.

Produktdetails

• Verlag: Bloomsbury 3PL
• Seitenzahl: 458
• Erscheinungstermin: 1. September 2013
• Englisch
• Abmessung: 234mm x 156mm x 25mm
• Gewicht: 690g
• ISBN-13: 9781849464956
• ISBN-10: 1849464952
• Artikelnr.: 37520004

Autorenporträt

Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham. Jill Hunter is Professor of Law, University of New South Wales.

Inhaltsangabe

Introduction-The Human Rights Revolution in Criminal Evidence and Procedure
Paul Roberts and Jill Hunter 1. A Constitutional Revolution in South
African Criminal Procedure? PJ Schwikkard 2. Human Rights in Hong Kong
Criminal Trials Simon NM Young 3. Right to Counsel During Custodial
Interrogation in Canada: Not Keeping Up with the Common Law Joneses
Christine Boyle and Emma Cunliffe 4. Degrading Searches and Illegally
Obtained Evidence in the Malaysian Criminal Justice System Salim Farrar 5.
Human Rights, Constitutional Law and Exclusionary Safeguards in Ireland
John Jackson 6. The Exclusion of Evidence Obtained by Violating a
Fundamental Right: Pragmatism Before Principle in the Strasbourg
Jurisprudence Andrew Ashworth 7. Normative Evolution in Evidentiary
Exclusion: Coercion, Deception and the Right to a Fair Trial Paul Roberts
8. Ozymandias On Trial: Wrongs and Rights in DNA Cases Jeremy Gans 9.
Delayed Complaint, Lost Evidence and Fair Trial: Epistemic and
Non-epistemic Concerns David Hamer 10. 'Give Us What You Have'-Information,
Compulsion and the Privilege Against Self-Incrimination as a Human Right
Andrew L-T Choo 11. The Presumption of Innocence as a Human Right Hock Lai
Ho 12. Confronting Confrontation Mike Redmayne 13. Human Deliberation in
Fact-Finding and Human Rights in the Law of Evidence Craig R Callen 14.
Reliability, Hearsay and the Right to a Fair Trial in New Zealand Chris
Gallavin 15. Finessing the Fair Trial for Complainants and the Accused:
Mansions of Justice or Castles in the Air? Terese Henning and Jill Hunter
16. Human Rights, Cosmopolitanism and the Scottish 'Rape Shield' Peter Duff