This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Criminal Procedure is a comprehensive text that includes the most relevant and contemporary cases and is presented in a stream-lined fashion that makes it more accessible for students. Students and instructors will also appreciate the full range of pedogogical and ancillary features that assist in the learning and understanding of the material. This textbook is primarily geared for a criminal procedure course in undergraduate criminal justice programs.

Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

This book argues the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. In support of the argument and as a means of developing a suitable process, the author takes a comparative approach to the foundation and development of the exclusionary rule in the UK and the USA, whilst also exploring the issues that may arise in transferring the rule from one legal system to another.

This essential resource provides students with an introduction to the rules and principles of criminal procedure law. This text uses a case study approach to help students develop the analytical skills necessary to understand the origins, context, and evolutions of the law; concentrates on US Supreme Court decisions interpreting both state and federal constitutions; and introduces students to the reference materials and strategies used for basic legal research.

Written by three nationally recognized experts in the field, Criminal Courts: A Contemporary Perspective explores all the fundamental topics (court structure, courtroom actors, and the trial and appeals process) as well as other ground-breaking topics, such as specialty courts and comparative court systems. This bestseller provides you with a foundation for understanding key concepts by reviewing the judicial function, the role and purpose of law, sources of law, the various types of law, and the American court system’s structure and operations. You will build on this foundation by learning about participants in the system and the pretrial, trial, and post-trial processes. Packed with contemporary examples and new pedagogical tools, the Fourth Edition has been thoroughly revised with the most up-to-date content and resources to give you a more comprehensive understanding of the criminal courts system.

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.

Texas Criminal Procedure and Evidence