Silence, Confessions and Improperly Obtained EvidenceHardback Oxford Monographs on Criminal Law & Criminal Justice
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- Publisher: Clarendon Press
- Format: Hardback | 420 pages
- Dimensions: 155mm x 236mm x 28mm | 726g
- Publication date: 30 April 1998
- Publication City/Country: Oxford
- ISBN 10: 0198262698
- ISBN 13: 9780198262695
- Illustrations note: black & white illustrations
- Sales rank: 1,104,383
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.
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"an authoritative account of the modern law relating to the admissibility of confession evidence...Peter Mirfield as produced a masterly account that will become an essential resource book for any serious student of this area of the law...The book is extremely well written and will appeal to both practitioners and academics. All in all this book is a major achievement and will soon be cited heavily in courts and will soon be cited heavily in courts and classrooms alike." Mirfield's scholarship cannot be faulted. The book is also nicely written. The question of how far the criminal courts should admit and act on illegally or irregularly obtained evidence is one of immense practical importance, and one which causes acute difficulty in every legal system in the civilised world. Every lawyer who is interested in it will profit by reading Mirfield's analysis./ J. R. Spencer, The Cambridge Law Journal/ 1998.
Table of contents
1: Introduction ; 2: The Principles Behind Exclusion ; 3: Procedural Issues and Exclusion ; 4: Confessions - Preliminary Issues ; 5: Confessions - The Exclusionary Rule ; 6: Discretionary Exclusion of Confessions and Other Evidence - General Principles ; 7: Discretionary Exclusion of Confessions and other Evidence - Specific Cases ; 8: Confessions: Ancillary Issues under the Exclusionary Rule and Discretion ; 9: Compelled Self-incrimination and Incriminating Silence ; 10: Vulnerable Suspects ; 11: The Relevance of the European Convention on Human Rights ; 12: Alternative Approaches