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 : 39. 60 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 : 34. 11 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 : 82. 7 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 : 39. 91 MB
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Canadian Criminal Cases

Author :
ISBN : UCAL:B4919735
Genre :
File Size : 76. 88 MB
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The Changing Supreme Court

Author : Thomas R. Hensley
ISBN : STANFORD:36105061863986
Genre : Education
File Size : 48. 12 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.

Congressional Record

Author :
ISBN : STANFORD:36105009867008
Genre : Law
File Size : 48. 43 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)

Defamation And Freedom Of Speech

Author : Dario Milo
ISBN : STANFORD:36105064226363
Genre : Political Science
File Size : 20. 87 MB
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The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.

Records Of The Proceedings And Printed Papers Of The Parliament

Author : Australia. Parliament
ISBN : UCAL:C2647886
Genre :
File Size : 82. 43 MB
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The Canadian Abridgment

Author :
ISBN : MINN:31951D00611331F
Genre : Law
File Size : 56. 4 MB
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