constitutional exclusion the rules rights and remedies that strike the balance between freedom and order

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Constitutional Exclusion

Author : James J. Tomkovicz
ISBN : 9780195369243
Genre : Law
File Size : 28. 46 MB
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In this volume, James Tomkovicz discusses the 'exclusionary rules' which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public.

The Privilege Against Self Incrimination And Criminal Justice

Author : Andrew L-T Choo
ISBN : 9781782253228
Genre : Law
File Size : 70. 52 MB
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The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.

The Supreme Court And The Fourth Amendment S Exclusionary Rule

Author : Tracey Maclin
ISBN : 9780199795475
Genre : Law
File Size : 23. 58 MB
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The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.

Florida Law Review

Author :
ISBN : OSU:32437122909290
Genre : Law
File Size : 74. 14 MB
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The Changing Supreme Court

Author : Thomas R. Hensley
ISBN : STANFORD:36105061863986
Genre : Education
File Size : 66. 58 MB
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Provides a thorough discussion of the historical development of civil rights and liberties under the Constitution. A fresh approach features chapter opening case studies and places special emphasis on the modern Supreme Court and contemporary legal controversies. A unique chapter focuses on members of the Rehnquist Court which provides a background to understand how the make-up of the Court affects the decisions made and thus the development of the law. A broad selection of edited cases are integrated within each chapter. Unique Empirical Data Tables and Doctrinal Analysis Tables analyze decisions, voting patterns and show philosophical differences among members of the modern court.

The Right To The Assistance Of Counsel

Author : James J. Tomkovicz
ISBN : 0313314489
Genre : Law
File Size : 38. 39 MB
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This superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling.

Canadian Criminal Cases

Author :
ISBN : UCAL:B4919735
Genre :
File Size : 86. 74 MB
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Criminal Procedure

Author : James J. Tomkovicz
ISBN : 1522105441
Genre : Constitutional law
File Size : 80. 48 MB
Format : PDF
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Criminal Procedure: Constitutional Constraints Upon Investigation and Proof is intended for use in an introductory Criminal Procedure course that focuses on issues generated by the investigative efforts of law enforcement entities. The topics addressed include: searches and seizures, entrapment, confessions, identification procedures, and the exclusionary rules. The Eighth Edition adheres to the practical and flexible approach that has characterized the text from the start. The textual material at the beginning of each chapter and between main opinions is still concise, focused on the foundational essentials that enhance understanding of core concepts. The problems at the end of subsections and chapters, all based on actual federal and state cases, have been updated with some raising novel issues. They serve to expose students to cutting-edge questions. They also furnish opportunities to test comprehension of doctrines by applying them to concrete situations and to refine exam-taking skills. The opinions are limited to those decided by the United States Supreme Court. A core objective of the text is still to present sufficient materials to enable students to gain an appreciation of the richness and complexity of the variety of issues in the field. The Eighth Edition includes edited versions of the most significant opinions handed down since the Seventh Edition was published and incorporates notes that capture the essence of other important rulings. A few significant opinions have been supplanted and now are the subject of summarizing notes. One brief foundational chapter¿which addressed the right to assistance of counsel at trial¿has been omitted. The foundation is now provided by a substantial note that introduces the following chapter.

Congressional Record

Author : United States. Congress
ISBN : STANFORD:36105126787600
Genre : Law
File Size : 55. 10 MB
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Striking A Balance

Author : Sandra Coliver
ISBN : UOM:39015029281808
Genre : Law
File Size : 20. 23 MB
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French law by R. Errera.

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