Thesis (Ph. D.)--Drexel University, 2006. / Includes abstract and vita. Includes bibliographical references (leaves 76-80).

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Within mature criminal justice systems there exists a range of procedural mechanisms designed to provide the accused with protection from unlawful and unfair treatment by prosecuting authorities. Whilst some systems insist on judicial involvement in the investigation of crime, others grant the court discretionary powers to reject evidence or stay proceedings. Complex evidentiary rules flourish in common law systems, whereas civil law systems abide by the principle of the free evaluation of evidence. Judicial responses to the reception of irregularly obtained evidence vary, even within systems sharing a common tradition. Given the strong utilitarian tradition of the English and Scottish courts, judges tend to reason pragmatically rather than articulate principles. Theory and principle relevant to the exclusionary discretion are considered in Chapter 2. The extent of the general powers given to the prosecuting authorities in England and Scotland to gather real evidence, and the range of safeguards designed to protect the rights of suspects are examined in detail in Chapter 3. The fourth Chapter considers the admissibility of irregularly obtained evidence in both jurisdictions and questions whether, and to what extent, the procedural rules permit the court to balance effectively countervailing public interest considerations. The rules operating in France and Germany are examined in outline and used as comparative examples. Police investigative powers do not generally extend beyond the jurisdiction of the national court, thus prosecuting authorities requiring access to evidence located abroad seek assistance through operational police co-operation and mutual legal assistance procedures. These mechanisms are examined in Chapter 5, and consideration given to the differing approaches taken by the English and Scottish courts to the admissibility of regularly and irregularly obtained foreign evidence. The assumption is challenged that evidence obtained abroad can be assessed in the same manner as evidence obtained in breach of national rules without disturbing the fairness of the proceedings. Incorporation of the European Convention on Human Rights has potential for changing the court's response to questions of admissibility and is considered in Chapter 6. This thesis concludes with a critical analysis of the problems identified, and questions whether criminal justice systems can achieve a fair balance without understanding the complex interplay between procedural rules. Only by understanding the function of the procedural rule within each system can the risk of reducing the procedural protection to the accused be avoided. I have endeavoured to state the law as it stood at the end of July 2000.

This thesis examines the conditions under which a defense of religious freedom can be successfully argued before the courts. It is acknowledged that freedom of religion has long existed in Canada but the defense of religious freedom in criminal prosecutions has not often been accepted by the Canadian Courts. The author thinks that the Canadian Charter of Rights and Freedoms puts the defense of religious freedom in a more favourable position by making it possible for Canadian judges to proceed to a balancing test that up to now they have been reluctant to use. Besides the question of the balancing test, various problems revolve around the defense of religious freedom in criminal prosecutions. The first section examines the social and historical context of religious freedom in Canada. The second section is located in a more legal perspective. A survey of the Canadian cases is made in order to comprehend the answers that Canadian judges have given in the criminal prosecutions where the defense of religious freedom was raised. In looking at the Canadian decisions on that issue, four basic problems call for solutions. The following sections deal respectively with those questions. Section 3 raises the issue of the definition of religion and religious activities. Section 4 points out a new understanding of the concept of infringement. In Section 5, the notion of balancing test is examined in light of American decisions and its application to the defense of religious freedom is considered. Finally, the necessity of a theory justifying the defense of religious freedom is explored in Section 6. In conclusion, this study stresses the impact the Charter will have upon the acceptance of the defense of religious freedom by Canadian courts. To the problems that have been identified, the author proposes some solutions, bearing in mind that the future of the defense of religious freedom in Canada depends on whether or not Canadian judges will consider that the Charter has introduced a new era in the exercise of fundamental freedoms in Canada. / Law, Peter A. Allard School of / Graduate

This study has presented a comprehensive historical overview of the context and significance of a, criminal defendants constitutional right to due process of law. The evidence suggests that, in many circumstances, a criminal defendant is not being afforded our most basic constitutional guarantee of fairness and justice for allOne of the primary objectives of this study was to develop a working definition for journalists to better understand the fundamental concepts of a defendants right to exculpatory evidence during criminal proceedings.Since 1791, the Supreme Court has had to continually broaden a criminal defendants right to exculpatory information. In case after case, a similar fad pattern has shown that pauper criminal defendants with court appointed attorneys having to compete against state or federal prosecutors with unlimited investigative and legal research funding This disparity is further compounded when the state or government prosecutors define to turn over information or evidence which could help the defendants case.Further analysis identified other problem areas within the scope of due process which deserve significant attention such as: the grand jury process, plea-bargains, probable cause warrants, and post-conviction hearings. / Department of Journalism

This study examined the effects that a defendant's pleading of the fifth amendment during a criminal trial had on simulated juror's decisions regarding verdict, likelihood of guilt, certainty of guilt, sentence severity, and perceptions of the defendant's character. One hundred fifty-five undergraduate psychology students read one of three versions of a transcript, based on a trial of a man charged with theft, in which the defendant did not plead the fifth (control), plead the fifth, or plead the fifth possibly for reasons other than hiding involvement in the crime (i.e. having an affair). Results showed that the two fifth amendment conditions found the defendant to be more likely guilty than the control condition. Also, a factor analysis suggested that an honest and a relaxed dimension best described the defendant's character. In addition, it was discovered that perceptions of the defendant's honesty mediated the effects of perceived likelihood of guilt. / Department of Psychological Science

Thesis (doctoral)--Universiẗat, Göttingen, 2004. / Includes bibliographical references (p. 291-317).

Thesis (J.C.L.)--Catholic University of America, 2001. / Includes bibliographical references (leaves 60-69).

Thesis (J.C.L.)--Catholic University of America, 2001. / Includes bibliographical references (leaves 60-69).

Thesis (J.C.L.)--Catholic University of America, 2001. / Includes bibliographical references (leaves 60-69).