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Excluding Evidence as Protecting Constitutional or Human Rights?

Paul Roberts

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0011
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

In an article published in the Criminal Law Review in 1977, Andrew Ashworth advanced his ‘protective principle’ as a novel rationale for excluding improperly obtained evidence from criminal trials. ... 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


Civil Procedure and EU Law: A Policy Area Uncovered

Eva Storskrubb

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.001.0001
Subject:
Law, EU Law

The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border ... More


The Principles Behind 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/9780198262695.003.0010
Subject:
Law, Criminal Law and Criminology

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 ... More


The Right Not to be Ill-treated

Brice Dickson

in Human Rights and the United Kingdom Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199697458
eISBN:
9780191752247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199697458.003.0005
Subject:
Law, Human Rights and Immigration

This chapter begins by looking at the common law’s approach to ill-treatment, including how the concept is defined and to what extent there is a duty to prevent its occurrence. The ramifications of ... More


Introduction

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/9780198262695.003.0009
Subject:
Law, Criminal Law and Criminology

This book explores three topics in the law of evidence which might once have been considered separately but which are now so interwoven that such an approach seems no longer eligible. They are the ... More


The Relevance of the European Convention on Human Rights

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/9780198262695.003.0019
Subject:
Law, Criminal Law and Criminology

At various points in this text, it would have been relevant to refer to the possible significance of the various Articles of the European Convention on Human Rights for the interpretation of the ... More


The Continued Use of Torture to Extract Confessions

Jiahong He

in Back from the Dead: Wrongful Convictions and Criminal Justice in China

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824856618
eISBN:
9780824868703
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824856618.003.0005
Subject:
Society and Culture, Asian Studies

Even under modern law-enforcement practices, torture and forced confession are still common in China and around the world. Based on case analysis and empirical studies, this chapter examines the ... More


Excluding Evidence for Integrity’s Sake

Jules Holroyd and Federico Picinali

in Philosophical Foundations of Evidence Law

Published in print:
2021
Published Online:
November 2021
ISBN:
9780198859307
eISBN:
9780191891748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198859307.003.0007
Subject:
Law, Philosophy of Law

In recent years, the concept of “integrity” has been frequently discussed by scholars, and deployed by courts, in the domain of criminal procedure. In this chapter, the authors are concerned with how ... More


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