In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.
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In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence.
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CONTENTS Introduction: The Disappearance of Criminal Law The Right to Privacy Ancillary Powers Test - The Expansion of Balancing Tests Right to Silence and Counsel (In)Exclusion of Evidence References
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Produktdetaljer

ISBN
9781552666845
Publisert
2014-11-01
Utgiver
Fernwood Publishing Co Ltd
Vekt
510 gr
Høyde
23 mm
Bredde
15 mm
Dybde
1 mm
Aldersnivå
G, 01
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
120

Biografisk notat

Richard Jochelson teaches in the Department of Criminal Justice at the University of Winnipeg. Kirsten Kramar teaches in and is the head of the Department of Sociology at the University of Winnipeg. They are the authors of Sex and the Supreme Court.