The Internationalisation Of Criminal Evidence

Author: John D. Jackson
Publisher: Cambridge University Press
ISBN: 1139505556
Size: 40.24 MB
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Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.

Evidence Law And Context

Author: Jonathan Doak
Publisher: Routledge
ISBN: 1351679538
Size: 61.49 MB
Format: PDF
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Evidence: Law and Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book focuses on the essential topics commonly found on Evidence courses covering both criminal evidence and civil evidence. It takes a contextual approach discussing how wider policy debates and societal trends have impacted upon the recent evolution of the law in order to provide students with an explanation as to how and why the law has developed. The fifth edition has been revised to include: coverage of R v Hunter 2015 and its impact on good character evidence; developments in procedures relating to young and vulnerable witnesses; and more in-depth coverage of key cases. Learning points summarise the major principles and rules covered and practical examples are used throughout the text to give better understanding as to how the technical rules are applied in practice. Self-test questions are included in the book, helping students to test their understanding and prepare for assessment. Well written, clear and with a logical structure throughout, it contains all the information necessary for any undergraduate evidence law module.

Criminal Evidence And Human Rights

Author: Paul Roberts
Publisher: Bloomsbury Publishing
ISBN: 1847319459
Size: 36.95 MB
Format: PDF
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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 explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. 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 ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.

Criminal Evidence In Context

Author: Jonathan Doak
Publisher: Routledge
ISBN: 1135246270
Size: 43.47 MB
Format: PDF, ePub, Mobi
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This book explains the key concepts of evidence law clearly and concisely, set against the backdrop of the broader political and theoretical contexts. It helps to inform students of the major debates within the field, providing an explanation as to how and why the law has developed as it has.

European Criminal Procedures

Author: Mireille Delmas-Marty
Publisher: Cambridge University Press
ISBN: 9780521591102
Size: 51.10 MB
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Revised by Elena Ricci

Expert Evidence And International Criminal Justice

Author: Artur Appazov
Publisher: Springer
ISBN: 3319243403
Size: 65.65 MB
Format: PDF, ePub
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The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.

Pluralism In International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Size: 42.52 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Modern Criminal Law Of Australia

Author: Jeremy Gans
Publisher: Cambridge University Press
ISBN: 1108132839
Size: 72.65 MB
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Modern Criminal Law of Australia, 2nd edition is a comprehensive guide to interpreting and understanding every statutory offence provision in every Australian jurisdiction. The text takes a unique approach to explaining Australian criminal law, emphasising the importance of statutory interpretation, official discretion, element analysis and sentencing, in order to appreciate the meaning and effect of any offence provision. This book sets out the rules and skills needed to advise clients on the potential application of criminal law throughout Australia. Its scope extends to both serious and minor regulatory regimes, as well as the entire contemporary breadth of criminal law, ranging from pollution to public order, traffic to trafficking, and domestic violence to work safety. It covers the common law, traditional code and model code systems, and includes detailed examples from all states. As such, this unique book provides students with the skills to practice law anywhere in Australia.

The Globalization Of Internationalization

Author: Hans de Wit
Publisher: Taylor & Francis
ISBN: 131732837X
Size: 53.17 MB
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The Globalization of Internationalization is a timely text which gives voice to emerging perspectives as an increasing range of countries engage in the process of internationalization. The pressure to internationalize cannot be ignored by institutions anywhere in today’s world, yet the dominant paradigms in the conception of internationalization traditionally come from the English-speaking world and Western Europe. This book sets out to offer alternative viewpoints. Different dimensions and interpretations of internationalization in countries and regions whose perspectives have received little attention to date provide food for thought, and help to broaden understanding of its application in alternative contexts. Combining diverse perspectives from around the world, this new volume in the Internationalization in Higher Education series seeks answers to key questions such as: What are the main characteristics of internationalization viewed from different cultural and regional backgrounds and how do they differ from traditional models such as in Western Europe, North America and Australasia? What issues in different global contexts have an impact on internationalization processes? What are the key challenges and obstacles encountered in developing innovative and non-traditional models of internationalization? With contributions from world-renowned international authors, and perspectives from countries and contexts seen only rarely in the literature, The Globalization of Internationalization offers distinctive overviews and insights while exploring a range of thematic and regional issues arising from these considerations. This will be essential reading both as an academic resource and a practical manual for university leaders, academics, higher education policy advisers and non-governmental organizations which fund higher education.

Moffat S Trusts Law 6th Edition

Author: Jonathan Garton
Publisher: Cambridge University Press
ISBN: 1316381331
Size: 32.11 MB
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This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student's textbook of choice.