The Exclusionary Rule and Confession Evidence: Some Perspectives on Evolving Practices and Policies in the United States and England and Wales

1991 ◽  
Vol 20 (1) ◽  
pp. 63-79
Author(s):  
Mark Berger
2018 ◽  
Vol 67 (3) ◽  
pp. 505-546
Author(s):  
Gabrielle Appleby ◽  
Alysia Blackham

AbstractIn recent years there has been a trend towards independent and more transparent ethical regulation for sitting judges, which is said to promote public confidence in the judicial institution, and reflect a move towards accountability and transparency as judicial values. However, regimes governing sitting judges largely fall away when the judge retires from the bench. Increasing longevity and rising numbers of former judges raise complex ethical regulation questions. Drawing on judicial ethics regimes in England and Wales, Australia, the United States and New Zealand, and instances where the conduct of former judges has reflected poorly on the integrity of the judiciary, this article argues that there are strong reasons for extending ethics regulation beyond judicial retirement. By reference to the principles that inform the rules regulating the conduct of sitting judges, we investigate the extent to which misconduct and disciplining regimes should extend to former judges, and whether there is a stronger role for soft instruments and more formalized processes for regulating former judges. In doing so, we propose a model for the development of ethical regulation for former judges.


Author(s):  
James P. Lynch ◽  
Steven K. Smith ◽  
Helen A. Graziadei ◽  
Tanutda Pittayathikhun

2019 ◽  
pp. 59-76
Author(s):  
Sharon Shalev

This chapter looks at the use of solitary confinement in three jurisdictions where the author has conducted research: England and Wales, New Zealand, and the United States. It asks when and why prisoners are placed in solitary confinement in these jurisdictions, and what are the conditions of their confinement. The chapter's main focus is on the long-term use of solitary confinement as a tool for managing individuals classified and labeled as the most dangerous or troublesome in the prison system, including in New Zealand's Management Units and England and Wales’s Close Supervision Centres. Finally, it examines recent developments and asks what learning there might be for other jurisdictions.


Author(s):  
Richard M. Titmuss

This chapter examines the demand for blood in England and Wales and the United States. Between 1948 and 1967, the annual number of donations of blood in England and Wales rose by 269 per cent. Some part of this increase in supply has met the increase in the amount of blood actually demanded and used per 100 patients treated in hospitals. Meanwhile, estimates have been made that 5,100,000 pints of blood were collected in the United States in 1956 and around 6,000,000 pints in 1966–7. Some of the factors responsible for this world trend relate to the major life-saving role of blood. Others are adding yearly to the relatively new role for human blood of acting as a vital preventive and therapeutic agent. Surgery in its many branches has, for example, been given a new lease of life by increases in the volume of blood available and the advent of effective blood transfusion services.


2012 ◽  
Vol 9 (2) ◽  
Author(s):  
Liz Heffernan

The admissibility of unlawfully obtained evidence in criminal proceedings has generated controversy throughout the common law world. In the United States, there has been renewed debate in recent years over the propriety of the judicially-created exclusionary rule as a remedy for violations of the Fourth Amendment guarantee against unreasonable searches and seizures. When defining the scope and purpose of the rule, the US Supreme Court has placed ever increasing emphasis on the likely deterrent effect which suppressing evidence will exert on law enforcement. This article explores the consequent restriction of the exclusionary rule evinced in the contemporary case law including United States v Herring in which the Supreme Court expanded the scope of the so-called "good faith" exception. In conclusion it offers reflection from the perspective of another common law country, Ireland, where the exclusion of unconstitutionally obtained evidence has been the subject of debate.


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