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Criminal Evidence and Human Rights

Reimagining Common Law Procedural Traditions

Editor(s): Paul Roberts, Jill Hunter
Media of Criminal Evidence and Human Rights
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Published: 12-09-2013
Format: Paperback
Edition: 1st
Extent: 450
ISBN: 9781849464956
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £26.99
 

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Loren Epson

About Criminal Evidence and Human Rights

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.

Table Of Contents

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

Reviews

Criminal Evidence and Human Rights offers Canadian readers valuable exposure to the theory and practice of criminal procedure throughout the common law world, where similar questions about the recognition of human rights in criminal trials are being confronted. The book could, however, just as easily be picked up and appreciated by scholars in other common law or (in recognition of the increasing internationalization of evidence law) civil law jurisdictions, regardless of whether readers are interested in criminal procedure, evidence law, constitutional law or human rights law. Criminal Evidence and Human Rights advances many of the major debates that are currently taking place in these fields and is, therefore, a worthwhile read for anyone who seeks to participate in or to influence these important conversations.” –  Mike Madden, Osgoode Hall Law Journal, Volume 50

“[A] superb [example] of how edited collections should be done… streets ahead of the guesswork that passed as scholarship in the early days of HRA area studies…. [A]lso very well produced… and with a series of chapters on key aspects of the subject by scholars who know their subjects inside out: Andrew Ashworth on the exclusion of evidence; Craig Callen and Paul Roberts each with a chapter on evidence law… To continue its upper trajectory the HRA needs not just the public lawyers but also scholars of the common law and of criminal procedure and evidence to take it seriously. These books prove that the best of them already do.” –  Conor Gearty, Public Law

“It would be difficult to identify any major criticisms of Criminal Evidence and Human Rights…. [It] offers readers valuable exposure to both the theory and practice of criminal procedure – in its quest to recognize human rights at criminal trials – throughout the common law world where similar questions are being confronted. However, the book could just as easily be picked up and appreciated by scholars in other common law, or (in recognition of the increasing internationalisation of evidence law) civil law jurisdictions, regardless of whether readers are interested in criminal procedure, evidence law, constitutional law, or human rights law. Criminal Evidence and Human Rights advances many of the major debates that are currently taking place in these fields, and is therefore a worthwhile read for anyone who seeks to participate in or influence these important conversations.” –  Mike Madden, Osgoode Hall Law Journal, Volume 50:4

“[The book] comprises 16 chapters written by some of the most renowned authorities on criminal procedure and evidence in the common law world [and] the collection, as a whole, makes an important contribution to the existing body of literature.” –  Richard Glover, Criminal Law Review

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