Improperly Obtained Evidence in Anglo American and Continental Law is popular PDF and ePub book, written by Dimitrios Giannoulopoulos in 2019-02-21, it is a fantastic choice for those who relish reading online the Law genre. Let's immerse ourselves in this engaging Law book by exploring the summary and details provided below. Remember, Improperly Obtained Evidence in Anglo American and Continental Law can be Read Online from any device for your convenience.
Improperly Obtained Evidence in Anglo American and Continental Law Book PDF Summary
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. Longlisted for the Inner Temple Book Prize 2022.
Detail Book of Improperly Obtained Evidence in Anglo American and Continental Law PDF
- Author : Dimitrios Giannoulopoulos
- Release : 21 February 2019
- Publisher : Bloomsbury Publishing
- ISBN : 9781509923250
- Genre : Law
- Total Page : 349 pages
- Language : English
- PDF File Size : 16,6 Mb
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