Do Exclusionary Rules Ensure a Fair Trial?
Do Exclusionary Rules Ensure a Fair Trial?

Author: Sabine Gless

Publisher: Springer

Published: 2019-04-17

Total Pages: 387

ISBN-13: 3030125203

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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.

The Exclusionary Rule of Evidence
The Exclusionary Rule of Evidence

Author: Asst Prof Kuo-hsing Hsieh

Publisher: Ashgate Publishing, Ltd.

Published: 2014-12-28

Total Pages: 265

ISBN-13: 1472410696

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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.

The Psychology of Evidence and Trial Procedure
The Psychology of Evidence and Trial Procedure

Author: Saul Kassin

Publisher: SAGE Publications, Incorporated

Published: 1985-05

Total Pages: 382

ISBN-13:

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Kassin and Wrightsman's book concentrates on the single most important determinant of verdicts -- the evidence and court procedure. It is divided into four parts: (1) an overview and historical perspective; (2) seven substantive topics like eyewitness accounts, confessions, and character evidence; (3) an examination of the major stages of trial procedure; and (4) a provocative discussion of the role that psychology does, and should, play in the judicial process. Written in non-technical language, this book should have a broad appeal to students, researchers and litigants alike. `Chapters are extremely well written and documented. The work is highly recommended for advanced undergraduates, graduate students and legal profess

Crim Pro 360°
Crim Pro 360°

Author: Adam M. Gershowitz

Publisher:

Published: 2021

Total Pages: 476

ISBN-13: 9781531021863

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"Crim Pro 360: The Investigation Process provides a comprehensive way for students to learn all of the core material for a criminal investigation course and to practice what they have learned. It contains roadmaps for Fourth and Fifth Amendment problems, so that students can see the big picture issues they will have to tackle on an essay exam. The book then explains the blackletter law for each of the major search and seizure and confession topics covered in a criminal investigation course. The concise blackletter law is provided in bullet points for quick reference, and in narrative form for more in-depth understanding. Most importantly, Crim Pro 360 provides students with over 200 multiple-choice questions, numerous essay questions, exam traps to avoid, and the "Professor's Answer Key" to help students both learn the law and ace their exams"--