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Borderlines in Private Law

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Interrogation and Confession

Ian BryanDepartment of Law, Lancaster University

ISBN13: 9781855218758
ISBN: 1855218755
Published: November 1998
Publisher: Routledge
Format: Hardback
Price: Out of print



In the light of recent high-profile miscarriages of justice, this work examines the procedures and prominence of confessional evidence and interrogation. Their role in the English legal system is charted from the Middle Ages, the development, regulation and legitimation of extra-judicial interrogation assessed in order to provide illumination on modern practices.;Regarding the modern period, methods and strategies used to procure such evidence are analyzed both pre- and post- Police and Criminal Evidence Act. The extent to which evidence may be fabricated and the degree to which official accounts of interrogation may be relied upon are both discussed.

Contents:
Part 1 Historical background: the evolution of trial by jury and the place of confession evidence; coerced confessions and due process reactions; the historical management of preliminary procedures.
Part 2 Enter the police: legitimating confessions through ""voluntariness""; accommodating police interrogations; towards the regulation of custodial interrogations; genesis of the judges' rules.
Part 3 Images of the police-suspect dynamic: pre-PACE images - detainees; pre-PACE images - the police; PACE images - detainees; PACE images - the police; images of the police-suspect dynamic; continuity and change.