Silence, Confessions, and Improperly Obtained Evidence

Silence, Confessions, and Improperly Obtained Evidence

Silence, Confessions, and Improperly Obtained Evidence

Silence, Confessions, and Improperly Obtained Evidence

Synopsis

This important new book examines in some detail the law relating to confessions, unlawful evidence, and the 'right to silence' in the police station. The author also looks at the principles which lie behind this branch of the law. As well as his close examination of the English position, the author also looks at alternative approaches taken by Scottish, Irish, Australian, Canadian, and American legal systems. There is no other book written in English which gives such systematic treatment to this subject.

Excerpt

This book explores the effects of pre-trial interactions between police and suspects on the admissibility of evidence at trial. To what extent does admissibility depend on the way in which real evidence or a confession was obtained, or on the suspect's approach to answering or not answering the investigator's questions? To what extent, if at all, should the admissibility of evidence at trial be affected by those earlier events? These questions of criminal justice are of considerable constitutional significance, and in this study Peter Mirfield presents a detailed analysis of the relevant English law, examined in the context of the various rationales for excluding evidence, of the European Convention of Human Rights and its jurisprudence, and of the approaches adopted in other jurisdictions. This scholarly monograph should serve as a fine resource for appellate court arguments and law reform initiatives, as well as a treasury for teachers and students.

Andrew Ashworth . . .

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