Improperly Obtained Evidence in Anglo-American and Continental Law

Improperly Obtained Evidence in Anglo-American and Continental Law❮PDF / Epub❯ ☉ Improperly Obtained Evidence in Anglo-American and Continental Law Author Dimitrios Giannoulopoulos – Jobs-in-kingston.co.uk 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 conve This is the first book to Evidence in PDF/EPUB ✓ 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 divideAnalysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance The laws Improperly Obtained Epub / 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 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 Obtained Evidence in eBook ✓ 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 widely.

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  • Hardcover
  • 328 pages
  • Improperly Obtained Evidence in Anglo-American and Continental Law
  • Dimitrios Giannoulopoulos
  • 11 August 2019
  • 1849463824