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The Trial: Adversarial Characteristics and Responsibilities; Pre-trial and Trial Procedures

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0003
Subject:
Law, Legal History

This chapter shows that throughout the 19th century, significant changes occurred in the roles and personnel of law enforcement, along with a drip feed of ameliorative state measures. Such ... More


The Law of Criminal Evidence

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0004
Subject:
Law, Criminal Law and Criminology, Legal History

In addition to admitting defense counsel, English judges undertook a further effort to safeguard against the mounting dangers of 18th-century prosecutorial practice, by creating the law of criminal ... More


Groundwork for a Jurisprudence of Criminal Procedure

Paul Roberts

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0017
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter explores four rival perspectives or approaches to conceptualizing criminal procedure and evidence designated: doctrinal-conceptualist; epistemological; institutional; and normative. ... More


Adultery, Sex Offenses, and the Criminal Evidence Act of 1898

Wendie Ellen Schneider

in Engines of Truth: Producing Veracity in the Victorian Courtroom

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125665
eISBN:
9780300216554
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125665.003.0005
Subject:
History, British and Irish Modern History

Nearly fifty years passed between the reform allowing parties to testify in civil cases and the Criminal Evidence Act of 1898 that allowed defendants to testify in criminal cases. This delay was a ... More


Compelled Self-incrimination and Incriminating Silence

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0017
Subject:
Law, Criminal Law and Criminology

This chapter deals with the evidential use of incriminating material at a criminal trial. Where the law provides for the examination of the citizen under the compulsion of punishment for failure to ... More


Alternative Approaches

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0020
Subject:
Law, Criminal Law and Criminology

The Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994 have radically transformed English law as it relates to the evidential effects of pre-trial investigation ... More


Discretionary Exclusion of Confessions and Other Evidence—Specific Cases

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0015
Subject:
Law, Criminal Law and Criminology

This chapter deals with exclusionary discretion of confessions and other evidence. It examines the authorities concerned with exclusion under section 78(1) of the Police and Criminal Evidence Act ... More


Procedural Issues and Exclusion

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0011
Subject:
Law, Criminal Law and Criminology

Where the defence seeks to have excluded at trial evidence which was acquired in the course of investigation of an offence, whether this be by virtue of the exclusionary rule, for confessions, or the ... More


Confessions—Preliminary Issues

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0012
Subject:
Law, Criminal Law and Criminology

This chapter discusses the core exclusionary rule for confessions. In Section 76(2) of the Police and Criminal Evidence Act 1984, there are two heads to the exclusionary rule: an oppression head and ... More


Vulnerable Suspects

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0018
Subject:
Law, Criminal Law and Criminology

There are many causes of special vulnerability which may affect particular suspects who are interviewed by the police. For example, special problems clearly arise in the case of blind, illiterate, or ... More


Confessions—The Exclusionary Rule

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0013
Subject:
Law, Criminal Law and Criminology

Before discussing the statutory exclusionary rule for confessions, to be found in section 76(2) of the Police and Criminal Evidence Act 1984, this chapter briefly examines what may be called the ... More


Investigatory Powers

Peter Alldridge

in Criminal Justice and Taxation

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198755838
eISBN:
9780191816963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755838.003.0006
Subject:
Law, Criminal Law and Criminology, Law of Obligations

The chapter considers to what extent tax investigations are like, and how they are unlike, police investigations. It examines the powers available to HMRC in the investigation of evasion offences. ... More


A Revolution in Forensic Science?

in Truth Machine: The Contentious History of DNA Fingerprinting

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226498065
eISBN:
9780226498089
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226498089.003.0001
Subject:
History, History of Science, Technology, and Medicine

This introductory chapter discusses the theme of this book, which is about the scientific revolution in forensic science. The book traces how forensic DNA testing attained such extraordinary status, ... More


The Supreme Court and the Fourth Amendment's Exclusionary Rule

Tracey Maclin

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.001.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights ... More


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