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Vol 22 No 7 July/August 2017

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Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions

Edited by: Paul Roberts, Jill Hunter

ISBN13: 9781849461726
Published: May 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00
Paperback edition , ISBN13 9781849464956



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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 sixteen 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, 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 re-imagining 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.

Subjects:
Evidence, Human Rights and Civil Liberties, Comparative Law
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