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The derivative imperative : how should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence?Mellifont, Kerri Anne January 2007 (has links)
How should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence? The fact that derivative evidence gives rise to factors distinct from primary evidence makes it deserving of an examination of its peculiarities. In doing so, the assumption may be put aside that derivative evidence falls wholly within the established general discourse of illegally or improperly obtained evidence. Just as the judicial response to primary evidence must be intellectually rigorous, disciplined and principled, so must be the response to derivative evidence. As such, a principled analysis of how Australian courts should approach derivative evidence can significantly contribute to the discourse on the law with respect to the exclusion of illegally or improperly obtained evidence. This thesis provides that principled analysis by arguing that the principles which underpin and inform the discretionary exclusionary frameworks within Australia require an approach which is consistent as between illegally obtained derivative evidence and illegally obtained primary evidence.
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Herevaluering van polisiebevoegdhede tot visentering en beslaglegging vervat in die Strafproseswet 51 van 1977Meyer, Pieter William 11 1900 (has links)
Text in Afrikaans / "Free people expect much from their police. In such societies
the police stand at the point of balance on the one hand securing
human rights on the other exercising their lawful powers given
to them by Governments in the name of the people, to protect
people and their institutions" (J Alderson Human Rights and
Police Rights. Publication of the Council of Europe.)
This is no small expectation. It means that the police are
expected to maintain and secure the principles of democracy and
human rights, the principles upon which our Constitution is
based. At the same time it is the duty of a police service to
maintain law and order which sometimes require the exercise of
power and the use of force which on the face of it may appear to
violate human dignity and certain rights and freedoms which a
police force is expected to maintain in a democratic society.
The manner of exercising that power has an impact on the
credibility and effectiveness of the police. Human rights law
internationally accepts that a police service needs to be given
the power to, at times restrict certain individual freedoms in
the interests of the security of the community at large. These
restrictions may take place only in a constitutional way. If it
takes place in an unconstitutional way the courts must have the
right to exclude evidence which is unconstitutionally obtained.
At this stage the courts have to formulate such a qualified
exclusionary rule, but the ultimate goal must be to include such
an exclusionary rule in a future Constitution. / Department of Criminal & Procedural Law / LL.M.
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Herevaluering van polisiebevoegdhede tot visentering en beslaglegging vervat in die Strafproseswet 51 van 1977Meyer, Pieter William 11 1900 (has links)
Text in Afrikaans / "Free people expect much from their police. In such societies
the police stand at the point of balance on the one hand securing
human rights on the other exercising their lawful powers given
to them by Governments in the name of the people, to protect
people and their institutions" (J Alderson Human Rights and
Police Rights. Publication of the Council of Europe.)
This is no small expectation. It means that the police are
expected to maintain and secure the principles of democracy and
human rights, the principles upon which our Constitution is
based. At the same time it is the duty of a police service to
maintain law and order which sometimes require the exercise of
power and the use of force which on the face of it may appear to
violate human dignity and certain rights and freedoms which a
police force is expected to maintain in a democratic society.
The manner of exercising that power has an impact on the
credibility and effectiveness of the police. Human rights law
internationally accepts that a police service needs to be given
the power to, at times restrict certain individual freedoms in
the interests of the security of the community at large. These
restrictions may take place only in a constitutional way. If it
takes place in an unconstitutional way the courts must have the
right to exclude evidence which is unconstitutionally obtained.
At this stage the courts have to formulate such a qualified
exclusionary rule, but the ultimate goal must be to include such
an exclusionary rule in a future Constitution. / Department of Criminal and Procedural Law / LL.M.
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刑事裁判所の証拠採否裁量を規律する準則 : 「証拠の厳選」論に対する批判的考察 / Standard of Limiting Criminal-trial-judge's Discretion to Exclude Relevant Evidence : Critical Inquiry on the Idea of "Strict Screening of Admissibility of Relevant Evidence" / ケイジ サイバンショ ノ ショウコ サイヒ サイリョウ オ キリツスル ジュンソク : ショウコ ノ ゲンセンロン ニタイスル ヒハンテキ コウサツ角田, 雄彦, Kakuta, Yuhiko 24 July 2009 (has links)
博士(法学) / 甲第520号 / x, vi, 227p / Hitotsubashi University(一橋大学)
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