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Do Exclusionary Rules Ensure a Fair Trial?
Author: Sabine Gless
Publisher: Springer
Published: 2019-04-17
Total Pages: 387
ISBN-13: 3030125203
DOWNLOAD EBOOK →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 Right to a Fair Trial in International Law
Author: Amal Clooney
Publisher: Oxford University Press
Published: 2021-02-11
Total Pages: 500
ISBN-13: 0192536087
DOWNLOAD EBOOK →The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Fair Trial and Judicial Independence
Author: Attila Badó
Publisher: Springer Science & Business Media
Published: 2013-10-23
Total Pages: 259
ISBN-13: 3319012169
DOWNLOAD EBOOK →This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.
Do Exclusionary Rules Ensure a Fair Trial?
Author: Sabine Gless
Publisher: Springer
Published: 2019-05-10
Total Pages: 380
ISBN-13: 9783030125196
DOWNLOAD EBOOK →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 Right to Silence in Transnational Criminal Proceedings
Author: Fenella M. W. Billing
Publisher: Springer
Published: 2016-09-09
Total Pages: 0
ISBN-13: 9783319420332
DOWNLOAD EBOOK →This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Exclusionary Rules in Comparative Law
Author: Stephen C. Thaman
Publisher: Springer Science & Business Media
Published: 2012-12-31
Total Pages: 456
ISBN-13: 9400753489
DOWNLOAD EBOOK →This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
The Right to a Fair Trial
Author: D. Weissbrodt
Publisher: Springer
Published: 1998
Total Pages: 0
ISBN-13: 9783642602740
DOWNLOAD EBOOK →The volume contains the papers submitted to the International Symposium on "The Right to a Fair Trial" held at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. The Symposium undertook one of the most comprehensive surveys in recent times of the implications of the fair trial principle with regard to criminal proceedings, ranging from the rights of the accused during the pre-trial procedure through the principle of impartiality of judges to the application of the right to a fair trial in emergency situations, both under domestic and international law. Well-known specialists assess to which extent these standards have actually been implemented in national legal systems and what reforms are necessary to enhance the effectiveness of international human rights law in this area.
The Right to a Fair Trial in International Law
Author: Amal Clooney
Publisher:
Published: 2020
Total Pages: 931
ISBN-13: 9780191846113
DOWNLOAD EBOOK →"The Right to a Fair Trial in International Law" brings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges in court face. Each of the book's fifteen chapters deal with one component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides a valuable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Due Process and Fair Trial in EU Competition Law
Author: Cristina Teleki
Publisher: BRILL
Published: 2021-05-17
Total Pages: 392
ISBN-13: 9004447490
DOWNLOAD EBOOK →In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
