Internationalisation of criminal evidence : beyond the common law and civil law traditions / John D. Jackson, Sarah J. Summers.
Material type:
TextSeries: Law in contextPublication details: Cambridge, UK : New York : Cambridge University Press, 2012.Description: xxxv, 405 pages ; 26 cmISBN: - 9780521688475
- 0521688477
- K5465 .J33 2012
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African Court on Human and Peoples' Rights Library | K5465 .J33 2012 (Browse shelf(Opens below)) | Available | 10202552 |
Includes bibliographical references and index.
Evidence across traditions -- The common law tradition -- Evidential traditions in continental European jurisdictions -- The international human rights context -- Evidence in the international criminal tribunals -- Fair trials and the use of improperly obtained evidence -- The presumption of innocence -- Silence and the privilege against self-incrimination -- Defence participation -- Challenging witness evidence -- Towards a theory of evidentiary defence rights.
"Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence"--
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