Criminal evidence and human rights reimagining common law procedural traditions edited by Paul Roberts and Jill Hunter.

Format:

Book

Contributor:

Roberts, Paul, 1968- editor.

Hunter, Jill B., editor.

Language:

English

Subjects (All):

Evidence, Criminal.

Human rights.

Physical Description:

1 online resource (451 p.)

Edition:

1st ed.

Other Title:

Reimagining common law procedural traditions

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2012.

Language Note:

English

Summary:

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

Contents:

A constitutional revolution in South African criminal procedure? / P.J. Schwikkard

Human rights in Hong Kong criminal trials / Simon N.M. Young

Right to counsel during custodial interrogation in Canada : not keeping up with the common law Joneses / Christine Boyle and Emma Cunliffe

Degrading searches and illegally obtained evidence in the Malaysian criminal justice system / Salim Farrar

Human rights, constitutional law and exclusionary safeguards in Ireland / John Jackson

The exclusion of evidence obtained by violating a fundamental right : pragmatism before principle in the Strasbourg jurisprudence / Andrew Ashworth

Normative evolution in evidentiary exclusion : coercion, deception and the right to a fair trial / Paul Roberts

Ozymandias on trial : wrongs and rights in DNA cases / Jeremy Gans

Delayed complaint, lost evidence and fair trial : epistemic and non-epistemic concerns / David Hamer

'Give us what you have' : information, compulsion and the privilege against self-incrimination as a human right / Andrew L.-T. Choo

The presumption of innocence as a human right / Hock Lai Ho

Confronting confrontation / Mike Redmayne

Human deliberation in fact-finding and human rights in the law of evidence / Craig R. Callen

Reliability, hearsay and the right to a fair trial in New Zealand / Chris Gallavin

Finessing the fair trial for complainants and the accused : mansions of justice or castles in the air? / Terese Henning and Jill Hunter

Human rights, cosmopolitanism and the Scottish 'rape shield' / Peter Duff

Introduction-The Human Rights Revolution in Criminal Evidence and Procedure

Paul Roberts and Jill Hunter

1. A Constitutional Revolution in South African Criminal Procedure?

PJ Schwikkard

2. Human Rights in Hong Kong Criminal Trials

Simon NM Young

3. Right to Counsel During Custodial Interrogation in Canada: Not Keeping Up with the Common Law Joneses

Christine Boyle and Emma Cunliffe

4. Degrading Searches and Illegally Obtained Evidence in the Malaysian Criminal Justice System

Salim Farrar

5. Human Rights, Constitutional Law and Exclusionary Safeguards in Ireland

John Jackson

6. The Exclusion of Evidence Obtained by Violating a Fundamental Right: Pragmatism Before Principle in

the Strasbourg Jurisprudence

Andrew Ashworth

7. Normative Evolution in Evidentiary Exclusion: Coercion, Deception and the Right to a Fair Trial

Paul Roberts

8. Ozymandias On Trial: Wrongs and Rights in DNA Cases

Jeremy Gans

9. Delayed Complaint, Lost Evidence and Fair Trial: Epistemic and Non-epistemic Concerns

David Hamer

10. 'Give Us What You Have'-Information, Compulsion and the Privilege Against Self-Incrimination as a Human Right

Andrew L-T Choo

11. The Presumption of Innocence as a Human Right

Hock Lai Ho

12. Confronting Confrontation

Mike Redmayne

13. Human Deliberation in Fact-Finding and Human Rights in the Law of Evidence

Craig R Callen

14. Reliability, Hearsay and the Right to a Fair Trial in New Zealand

Chris Gallavin

15. Finessing the Fair Trial for Complainants and the Accused: Mansions of Justice or Castles in the Air?

Terese Henning and Jill Hunter

16. Human Rights, Cosmopolitanism and the Scottish 'Rape Shield'

Peter Duff

Notes:

Description based upon print version of record.

Includes bibliographical references and index

ISBN:

9781847319463

1847319467

9781472566010

1472566017

9781283657808

1283657805

9781847319456

1847319459

OCLC:

818111585