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Full Product Details

Author:   Professor Paul Roberts (University of Nottingham, UK) ,  Jill Hunter
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 1.50cm , Length: 23.40cm
Weight:   0.640kg
ISBN:  

9781849464956

ISBN 10:   1849464952
Pages:   450
Publication Date:   12 September 2013
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

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

[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 GloverCriminal Law Review2013

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

Author Information

Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham. Jill Hunter is Professor of Law, University of New South Wales.

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