The right to a fair trial -- Rules of evidence -- Basic evidentiary rights -- The privilege against self-incrimination -- The prohibition of torture and inhuman or degrading treatment -- The prohibition of entrapment -- Other improperly obtained evidence -- The right to cross-examine prosecution witnesses.
Summary:
"This book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law. The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including "the Perna test", "the Ibrahim criteria", and "the sole or decisive rule". The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working in the areas of criminal procedure and human rights"-- Provided by publisher.
Series:
Routledge contemporary issues in criminal justice and procedure
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.