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Book Cover
E-book
Author Ryan, Andrea

Title Towards a System of European Criminal Justice : the Problem of Admissibility of Evidence
Published Hoboken : Taylor and Francis, 2014

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Description 1 online resource (296 pages)
Series Routledge Research in EU Law
Routledge research in EU law.
Contents Cover; Half Title; Title Page; Copyright Page; Table of Contents; Acknowledgments; Table of cases; Table of legislation; Table of official publications; 1 Introduction; 1.1 General background; 1.2 Perceptions of difference and convergence; 1.2.1 Perceptions of difference; 1.2.2 Perceptions of truth; 1.2.3 Perceptions of convergence; 1.3 Structure of the book; 2 Aspiration to mutual admissibility of evidence in the European Union; 2.1 Introduction; Part I; 2.2 The development of cooperation in criminal matters on the basis of 'mutual recognition'
2.2.1 From mutual legal assistance to mutual recognitionPart II; 2.3 Gathering and transfer of evidence; 2.3.1 The European Evidence Warrant and the European Investigation Order; 2.3.2 Admissibility of evidence; 2.3.3 Exchange of information regarding previous convictions; 2.3.4 Hearsay evidence; Part III; 2.4 Developing safeguards for suspects and defendants; 2.4.1 Safeguards contained in the evidence-gathering instruments; 2.4.2 Promoting 'mutual trust' -- development of minimum procedural safeguards; 2.4.3 Latest developments in providing common procedural rights; 2.5 Conclusion
3 Theoretical approaches to the comparison of procedural systems3.1 Introduction; Part I; 3.2 The development of criminal procedural systems and approaches to proof -- a historical perspective; 3.2.1 Criminal procedure up to the thirteenth century in France and England: accusatory type procedure in common; 3.2.2 Beginnings of divergence -- the thirteenth to the seventeenth centuries; 3.2.3 Pre-eighteenth-century approaches to proof; 3.2.4 Eighteenth- and nineteenth-century England -- development of adversarial trial and the establishment of the law of evidence
3.2.5 Eighteenth- and nineteenth-century France -- development of the principle of free proof and trial by jury3.2.6 Divergence of procedure in England and France; Part II; 3.3 Comparative approaches through use of models of criminal procedure; 3.3.1 Accusatorial and inquisitorial models; 3.3.2 Adversarial and non-adversarial procedure; 3.3.3 Approaches to proof in adversary and non-adversary procedure; 3.3.4 Hierarchical and coordinate models of authority; 3.3.5 The analytical value of the models; 3.3.6 Lost in translation: procédure contradictoire and adversarial procedure; 3.4 Conclusion
4 Gathering, receiving and contesting evidence in Ireland4.1 Introduction; Part I; 4.2 Gathering evidence in the pre-trial phase; 4.2.1 Organisational structure of the pre-trial phase; 4.2.2 Means of evidence-gathering during investigation; 4.2.3 Search and seizure; 4.2.4 Surveillance; 4.2.5 Obtaining evidence from witnesses; 4.2.6 Obtaining evidence from the suspect during detention in police custody; Part II; 4.3 Rules of evidence; 4.3.1 Unlawfully obtained evidence; 4.3.2 Fruit of the poisoned tree -- causative link; 4.3.3 Confession evidence
4.3.4 Potentially unreliable evidence -- hearsay evidence
Summary With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for
Notes Print version record
Subject Admissible evidence -- Italy
Admissible evidence -- France
Admissible evidence -- Ireland
Admissible evidence -- European Union countries
LAW -- Criminal Law -- General.
Admissible evidence
European Union countries
France
Ireland
Italy
Form Electronic book
ISBN 9781317671183
131767118X