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Judicial oversight of policing: Investigations, evidence and the exclusionary rule

Daly, Yvonne Marie (2011) Judicial oversight of policing: Investigations, evidence and the exclusionary rule. Crime, Law and Social Change, 55 (2-3). pp. 199-215. ISSN 0925-4994

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Abstract

Police procedures and practices in the investigation of crime are shaped by many things. One particularly important constituent part of the development of investigative procedures and practices is the approach of the courts to the admissibility at trial of evidence obtained in a certain manner. While a judge can only address the specifics of whatever cases are brought before him, the judiciary as a whole have a significant role to play in terms of police accountability and governance through their development and application of any exclusionary rules of criminal evidence. This article examines the judicial oversight of policing by way of the exclusion of improperly obtained evidence at trial. Its central focus is on the development and operation of the exclusionary rule in Ireland, though relevant law in other jurisdictions, including England and Wales, the United States, Canada and New Zealand, is also considered. Particular attention is paid to the recent Irish Supreme Court decision of DPP v Cash, and its ramifications for judicial oversight of policing.

Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:Law of Evidence; Criminal Justice; Exclusionary Rule
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Springer
Official URL:http://www.springerlink.com/content/g38412228m402706/
Copyright Information:©2011 Springer-Verlag. The original publication is available at www.springerlink.com
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:17100
Deposited On:26 Jun 2012 11:36 by Yvonne Daly. Last Modified 26 Jun 2012 11:36

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