Sunday, September 26, 2004

Formalism and pragmatism

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Readers of Richard A Posner's "The Principles of Jurisprudence" (1990, Harvard University Press) will be well acquainted with...
Tuesday, September 21, 2004

Just hearings for detained "enemy combatants"

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In Hamdi v Rumsfeld , 542 US 507 (28 June 2004) the Supreme Court grappled with the rights of a detained man, allegedly an "enemy comba...
Thursday, September 16, 2004

Policy and recognition of defences

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The flexibility of the common law is such that policy prevails when recognition of new defences is in issue. Illustrating this is Behrooz v ...
Tuesday, September 14, 2004

Fairness and access to witnesses

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In USA v Moussaoui USCA 4th Circuit No 03-4792, 13 September 2004, the prosecution refused to permit the accused access to three detainees ...

Interception and search

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The extension of warrants to intercept private communications, from oral to any form of communication, pursuant to s 35 and Schedule 2 of th...
Thursday, September 09, 2004

Applying Shaheed: principles

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For an article on three principles to use in applying Shaheed , see this link ...
Monday, September 06, 2004

The prosecution has to prove guilt; does it also have to prove its evidence is admissible?

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One would have thought, prior to R v P 11/6/04, CA102/04, that if the defence advanced grounds for disputing the admissibility of prosecuti...
Saturday, September 04, 2004

Between finding evidence and getting a search warrant: illegal police occupancy of premises

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A recent decision illustrates problems that arise because of a gap in the law. It also illustrates how judicial reasoning can be uninformati...
Friday, September 03, 2004

The triangulation of interests fallacy

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Some criminal courts apply a model that they call a "triangulation of interests" when they purport to determine whether a course o...
Friday, August 27, 2004

Is partial fairness acceptable?

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In USA v Barnette [2004] UKHL 37 (22 July 2004) the House of Lords considered the problem of whether a judgment from a foreign court should...
Thursday, August 26, 2004

Personal searches on suspicion

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The common law has constrained the ability of police officers to search suspects, the greatest power being in relation to suspects who have ...
Wednesday, August 25, 2004

Eroding jury unanimity

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In R v Siloata 14/7/04, CA477/03 the NZCA held that when the presumption of purpose of supply applies upon proof that the accused had posse...

Information obtained by torture

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In A and others v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) it was recognised that the Court may per...