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Wednesday, July 22, 2020 | History

2 edition of Improperly obtained evidence found in the catalog.

Improperly obtained evidence

Athena Nga Chee Liu

Improperly obtained evidence

a comparative study of English and American Law.

by Athena Nga Chee Liu

  • 137 Want to read
  • 21 Currently reading

Published .
Written in English


Edition Notes

ContributionsManchester Polytechnic. Department of Law.
ID Numbers
Open LibraryOL14862052M

Prof Giannoulopoulos’ book offers an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. In his presentation, Prof Giannoulopoulos will concentrate on the applications of the ‘rights thesis’ (the idea of excluding evidence to protect constitutional. The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter covers three areas: confessions, silence of the accused and judicial discretion to exclude improperly obtained Author: Maureen Spencer.

Admissibility of Improperly Obtained Physical Evidence in the Scottish Criminal Trial: the Search for Principle Edinburgh Law Review, Volume 8 Issue 2, Page , ISSN Available Online Jan Book Review Editor. Lorna Richardson Edinburgh Law Review School of Law, University of Edinburgh, David Hume Tower George Square Cited by: This book endorses an approach to the exclusion of improperly obtained evidence that prioritises the protection of fundamental rights. It is important that, once in a while, the European Court of Human Rights is reminded of its role as the 'conscience of Europe'; as done in this book elegantly by Giannoulopoulos with regards to evidence obtained in violation of the right to legal : Dimitrios Giannoulopoulos.

  The Commission suggested incorporation of Section A of the Indian Evidence Act for giving courts the discretionary power to exclude illegally or improperly obtained evidence. evidence – i.e., evidence derived from primary evidence which was in turn illegally or improperly obtained. The murder weapon found as a result of an improperly obtained confession is an example of such fruit. In so doing, Mellifont has provided courts, practitioners and academics alike with a sophisticated and comprehensiveFile Size: 59KB.


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Improperly obtained evidence by Athena Nga Chee Liu Download PDF EPUB FB2

Improperly obtained confession evidence, such as confessions obtained under Improperly obtained evidence book contrary to Article 3 ECHR, can be seen as inherently unreliable. On the other hand, real evidence – even if improperly obtained – such as evidence obtained through searches or covert listening devices without a warrant, will remain reliable.

R., May, ‘Fair play at trial: an interim assessment of section 78 of the Police and Criminal Evidence Act ’ [] Crim LR P., Mirfield, Silence, Confessions and Improperly Obtained Evidence (Oxford University Press, ).

About Improperly Obtained Evidence in Anglo-American and Continental Law. 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.

This book examines in some detail the law relating to confessions, unlawful evidence, and the ‘right to silence’ in the police station.

It also looks at the principles which lie behind this branch of the law. As well as its close examination of the English position, the book also looks at alternative approaches taken by legal systems in Scotland, Ireland, Australia, Canada, and the United Author: Peter Mirfield.

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 conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the Brand: Hart Publishing.

Improperly obtained evidence: A comparison of Turkish and English laws [Vahit Bicak] Improperly obtained evidence book *FREE* shipping on qualifying offers.

Improperly obtained evidence: A comparison of Turkish and English laws5/5(1). Improperly obtained evidence, other than confessions Chapter 5. Character evidence Chapter 6.

Hearsay evidence Chapter 7. Competence and compellability, special measures Chapter 8. Issues in the course of trial Chapter 9.

Opinion evidence Chapter Privilege. 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 : Dimitrios Giannoulopoulos. This important new book examines in some detail the law relating to confessions, unlawful evidence, and the "right to silence" in the police station.

Peter Mirfield also looks closely at the principles behind this branch of the law. In addition to his thorough examination of the English position, he considers several alternative approaches--namely, those taken by Scottish, Irish.

This is the old view, the new evidence actof allows the admissibility of improperly obtained evidence as long as it won’tamount to miscarriage of justice under common law, illegally obtained evidence admissible as evidence long as it was relevant to the matters in issue beforethe court in other word and not in manner (legal or illegal.

[] Exclusion of prejudicial evidence in criminal proceedings — s [] Discretion to exclude improperly or illegally obtained evidence — s [] Cautioning of persons — s [] Inferences [] The rule in Browne v Dunn [] The rule in Jones v Dunkel [] Evidence Act: extrinsic material.

Book Review: Improperly Obtained Evidence in Anglo-American and Continental Law. Tony Ward. The International Journal of Evidence & Proof 1, Download Citation. If you have the appropriate software installed, you can download article citation data to the citation manager of your choice.

Simply select your manager software from the Author: Tony Ward. The admissibility of evidence in NSW is primarily governed by the Evidence Act Evidence illegally obtained. Section of the Act stipulates that evidence may be excluded if it was ‘illegally or improperly obtained’. Illegally obtained evidence is that which is collected in contravention of NSW : Ugur Nedim.

Written, in a flowing and readable style, the book is an informative and entertaining account of the rules governing the admissibility of improperly obtained evidence in Turkish and English law.

Bıçak, A. The Admissibility of Improperly Obtained Evidence: The Turkish Approach in Comparative Perspective. Get this from a library. Improperly obtained evidence in Anglo-American and continental law. [Dimitrios Giannoulopoulos] -- "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. Improperly Obtained Evidence in Anglo-American and Continental Law Refreshments will be served 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.

Excluding evidence improperly obtained. When a person is charged with an offence and it appears that some of the evidence being relied on may have been improperly obtained, the defence should list the matter for a voir dire.

A voir dire is a pre-trial proceeding where the admissibility or inadmissibility of evidence is : Get this from a library. Fruit of the poisonous tree: evidence derived from illegally or improperly obtained evidence. [Kerri Mellifont] -- Although much has been written in Australia on the rule and discretions to exclude such evidence, little has been written on a particular species of such evidence, that is, evidence which is derived.

In chapter 8 of the book Dennis examines the question of how the law of evidence deals with evidence that has been obtained by illegal or unfair means. In his research he explains why exclusion of non-confessional improperly obtained evidence has tended to be regarded as exceptional in common law system.

Topics covered include preparing and presenting evidence, cross-examination, and the procedure for admitting and excluding evidence.

Discusses privilege against self-incrimination, privilege concerning improperly obtained evidence, scientific evidence, and This single-volume treatise is largely free of citations to authority, but retains the /5(3). This important new book examines in some detail the law relating to confessions, unlawful evidence, and the right to silence in the police station.

Peter Mirfield also looks closely at the principles behind this branch of the law. In addition to his thorough examination of the English position, he considers several alternative approaches--namely, those taken by Scottish, Irish. This book explores the effects of pre-trial interactions between police and suspects on the admissibility of evidence at trial.

To what extent does admissibility depend on the way in which real evidence or a confession was obtained, or on the suspect's approach to answering or not answering the investigator's questions?Judges have been reluctant to articulate what principle or principles lie behind the various rules and discretionary powers governing confessions, unlawfully or unfairly obtained evidence, or the right to silence in the police station.

A good example of this reluctance is DPP v. Ping Lin. The House of Lords was called upon to stake out the limits of the mature exclusionary rule at Author: Peter Mirfield.