The Library
Confrontation and compulsory process : U.S. and European approaches compared
Tools
O'Brian Jr., William E. (2011) Confrontation and compulsory process : U.S. and European approaches compared. International Commentary on Evidence, Vol.9 (No.2). p. 4. doi:10.2202/1554-4567.1118 ISSN 1554-4567.
Research output not available from this repository.
Request-a-Copy directly from author or use local Library Get it For Me service.
Official URL: http://dx.doi.org/10.2202/1554-4567.1118
Abstract
This paper discusses the relationship between the English hearsay rule and the principles governing the right to a fair trial under Article 6 of the European Convention on Human Rights. While the provisions serve similar purposes, they do not always produce the same result. Two sorts of cases are discussed: cases where the hearsay rule admits evidence that should be excluded because it violates the defendant's right to examine or have examined the witnesses against him, and cases where the hearsay rule excludes evidence that should be admitted to protect the defendant's right to a fair trial. The treatment of these cases is contrasted to the treatment of similar cases under the Sixth Amendment to the U.S. Constitution. © 2012 De Gruyter. All rights reserved.
Item Type: | Journal Article | ||||
---|---|---|---|---|---|
Subjects: | K Law [Moys] > KF Common Law, British Isles > KF England and Wales K Law [Moys] > KG Common Law, America K Law [Moys] > KW European Union Law |
||||
Divisions: | Faculty of Social Sciences > School of Law | ||||
Library of Congress Subject Headings (LCSH): | Evidence, Hearsay -- England, European Court of Human Rights, Courts of last resort -- Uinted States | ||||
Journal or Publication Title: | International Commentary on Evidence | ||||
Publisher: | Berkeley Electronic Press | ||||
ISSN: | 1554-4567 | ||||
Official Date: | 1 December 2011 | ||||
Dates: |
|
||||
Volume: | Vol.9 | ||||
Number: | No.2 | ||||
Page Range: | p. 4 | ||||
DOI: | 10.2202/1554-4567.1118 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
Request changes or add full text files to a record
Repository staff actions (login required)
View Item |