Search results

This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as the rules by which police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses.This third edition updates the law in all areas of criminal procedure. The chapter on powers of search and seizure has been completely rewritten to take into account significant new decisions, including, among others, Spencer, on internet anonymity; Vu, on searches of computers; TELUS Communications, on text messaging and wiretap authorizations; MacDonald, on safety searches; and Fearon, on search of cell phones incident to arrest. It also covers the various statutory changes made to search powers by the Protecting Canadians from Online Crime Act.

An introduction to criminal procedure -- The sources of criminal procedure -- Searches and seizures -- Stop and frisk -- Probable cause and arrests -- Searches and seizures of property -- Inspections and regulatory searches -- Interrogations and confessions -- Eyewitness and scientific identifications -- The exclusionary rule and entrapment -- And criminal remedies for constitutional violations -- The initiation of the legal process, bail, and the right to counsel -- The courtroom: the pretrial and trial process -- Sentencing and appeals -- Counterterrorism

This article summarizes significant legislative changes, decisions of the United States and Virginia Supreme Courts, and decisions of the Virginia Court of Appeals. A more extensive consideration of this material as well as recent decisions of the Court of Appeals for the Fourth Circuit and federal district courts is contained in R. Bacigal, Virginia Criminal Procedure (Supp. 1987).

Constitutional criminal procedural rights are familiar to contemporary criminal law scholars and practitioners alike. But today, U.S. criminal justice may diverge substantially from its centuries-old framework when all three branches recognize only a core set of inviolable rights, implicitly or explicitly discarding others. This criminal procedural line drawing takes place when the U.S. criminal justice system engages in law enforcement cooperation with foreign criminal justice systems in order to advance criminal cases. This Article describes the two forms of this criminal procedural line drawing. The first is a "core criminal procedure" approach, rooted in fundamental rights, that arises in the exchange of electronic evidence but is related to two prior eras' cross-sovereign criminal procedural articulation—the Warren Court incorporation of the Bill of Rights' criminal procedural protections and engagement with international human rights instruments. Alternatively, courts today may use an ad hoc "outlier" approach, only excluding foreign evidence, convictions, or extradition requests in extreme circumstances that "shock the conscience." This Article argues that the former approach is superior to the latter, and argues for a methodology—rooted in constitutional law, international human rights, and comparative legal functionalism—for evaluating foreign legal systems. To support this argument, this Article draws on political theory concerned with global justice. This Article concludes by considering how core criminal procedure informs U.S. engagement with international criminal tribunals and investigative mechanisms.

"The third volume in the series examines international criminal procedure as set out in the regulatory provisions and jurisprudence of the international criminal tribunals. It reviews in detail the key areas of international criminal procedure, including the relationship between the international tribunals and national jurisdictions, investigations, pre-trial and trial proceedings, the rules of evidence, representation of accused, the role and status of victims, judgments, and the appeals process. Moreover, the volume also considers the legal foundations and sources of this area of the law, the rule-making and amending powers of the international tribunals, and the structure of the administrative decision-making processes that impact upon crucial areas of the substantive law. In providing a thorough and critical overview of the mechanics of investigating and trying international crimes, International Criminal Procedure will complement the first two volumes in the series, and thus complete a comprehensive work on international criminal law"--