Buch, Englisch, 250 Seiten, Gewicht: 384 g
ISBN: 978-1-86287-733-7
Verlag: Federation Press
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CONTENTS Introduction Structure Definitions Problems presented to the trial court by illegally or improperly obtained evidence: A clash of principles The Australian approach to illegally or improperly obtained evidence The Theoretical Underpinnings of Exclusionary Powers and their Application to Derivative Evidence Introduction The purpose of the criminal trial: The search for truth Relevance, reliability and the criminal trial Compromise of the search for truth The judicial integrity principle The deterrance principle Protective principle Factors of most weight in respect of the underlying principles Derivative evidence: consistent application of the principles Conclusion The United Kingdom Approach: Reliability and Derivative Evidence Introduction England: From common law to PACE PACE - general Confessions: s 76(2) PACE The general discretion for exclusion: s 78 PACE Conclusions: lessons from the English experience The United States of America Approach: The Pendulum Swings From Rights And Judicial Integrity To Deterrence Introduction What is the Bill of Rights and why is it important to a discussion of exclusion of primary and derivative evidence? The Fourth Amendment - Protection against unreasonable search and seizure The Sixth Amendment - Right to counsel The Fifth Amendment - Privilege against self-incrimination Standing Exceptions to the exclusionary rules Conclusions: Lessons from the American experience The Australian Approach to the Exclusion of Primary and Derivative Evidence Introduction - the journey until now The discussion on Australian law - methodology and purpose Exclusionary powers specific to confessional evidence Confessions under the common law Confessions - uniform evidence legislation The public policy discretion to exclude illegally or improperlyobtained evidence at common law and under statutory based evidenceregimes Factors relevant to public policy discretions Derivative evidence with respect to confessions excluded under the confession specific exclusionary powers Derivative evidence in Australia - how have Australian courts approached such evidence Conclusion The problem: Tensions in the criminal trial process Consistency: A goal worth striving for Achieving consistency in Australian exclusionary regimes Real evidence deriving from confession - specific exclusionary powers Confessions deriving from primary confessions Derivate evidence and the public policy discretion Factors specific to derivative evidence and the public policy discretion Conclusion Bibliography