Centro de Documentação da PJ
Monografia
 CD258 |
Confessions, illegally /improperly obtained evidence and entrapment under the Police and Criminal Evidence Act 1984 [Documento electrónico] : changing judicial and public attitudes to the police and criminal investigations / David Anthony Brooke.- London : [s.n.], 1999.- 1 CD-ROM ; 12 cm
Thesis submitted for the Degree of Ph.D. University College, London. Ficheiro de 32,2 MB em formato PDF (vi, 360 p.)
INTERROGATÓRIO POLICIAL, INTIMIDAÇÃO DE TESTEMUNHA, CONFISSÃO, ACTUAÇÃO POLICIAL, JURISPRUDÊNCIA, TESE, REINO UNIDO
Abstract. Acknowledgments. CHAPTER 1: An overview of the nineteenth century to present day attitudes to the police, confessions and illegally /improperly obtained evidence. Introduction . I. The police in the 19th century. The development of the police investigative and prosecutorial roles in the mid to late nineteenth century. The police in the twentieth century up to PACE. Public attitudes to the police up to the 1970s and the reality of policing. Judicial attitudes to police evidence in the twentieth century before PACE. PACE and its aftermath. Judicial attitudes to police evidence in the post PACE era. The significance of the European Convention on Human Rights and the Human Rights Act of 1998. A note on the constitutional position of the police and criminal investigation. CHAPTER 2: Confessions: an historical overview of the issues. The creditworthiness of confessions. The authenticity of confessions. The legitimacy of confessions. CHAPTER 3: The creditworthiness of confessions: the context of police interrogation. Introduction. The context of police interrogation. The reasons why suspects might make false confessions and a typology of false confessions. Section 76 2(b) of the Police and Criminal Evidence Act 1984. The interpretation of section. 2(b) and possible underlying theories of exclusion under Section 76 2(b). A rival interpretation of the underlying theories of exclusion under section 76 2(b). The admissibility of psychological and psychiatric evidence on the Section 76 2(b) issue. CHAPTER 4: the authenticity of confessions ill introduction ill the history of the authenticity issue up to PACE. The PACE cases on breach of the "verballing" provisions of PACE. The authenticity of a confession and the Section 76 2(b) issue. The consequences of the tape-recording requirement. Off the record interactions and informal confessions. Informal confessions. CHAPTER 5: The legitimacy of confessions. Introduction. The legitimacy of confessions issue. Three responses to the 'legitimacy' problem. The decision in Rv Mason. Section 58 of PACE and its interpretation by the Courts. Section 76 2(a) of PACE and its interpretation by the Courts. Undercover methods and the legitimacy of confessions so obtained. CHAPTER 6: Reform of the Law of Confessions. The Issue. The reform proposals. The corroboration requirement in Scotland. CHAPTER 7: Illegally / improperly obtained evidence. Introduction. An historical overview of the issue. The impact of Section 78 of the Police and Criminal Evidence Act on this topic. Real evidence obtained by an unlawful search. The theoretical justifications for excluding illegally or improperly obtained evidence. The deterrence principle. The protective principle. The judicial integrity principle. Improperly obtained evidence and covert police operations. The Cases post PACE. CHAPTER 8: Entrapment. Definition. Introduction. The historical background. The Home Office Circular to the Police on informants who take part in crime. Rv Sang and entrapment evidence. The modern judicial view of entrapment and discretionary exclusion. The European Convention on Human Rights and Entrapment. CHAPTER 9: Entrapment: The theoretical objections. Introduction. The English cases. CHAPTER 10: Conclusion. Police interrogation under PACE defended. The importance of judicial decisions upholding the PACE Regime. Summary. Bibliography. Principal works consulted. Articles consulted. Official Reports and Home Office Circulars. Research Studies for the R. C. C. J. 1993 consulted for the thesis. Table of cases.