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Comparative Criminal Procedure: Canada, New Zealand & the USA

2 credits

 11-12/2007 

 

Professor Scott Optican

Auckland

NEW ZEALAND  

 

 

 

The course will compare selected aspects of criminal procedure (police investigatory powers) under the Canadian Charter of Rights and Freedoms and the Bills of Rights of New Zealand and the United States. These countries have been selected because their Charter/ Bills of Rights are similar in scope and content, and because the courts of each country have dealt with similar issues in criminal procedure law. Topics covered will include: the exclusionary rule; police search and seizure; concepts of arrest and detention; and the rights to counsel and silence of persons undergoing police interrogation. It is not expected that students will acquire a comprehensive knowledge of criminal procedure under the Canadian Charter or the Bills of Rights of New Zealand and the United States. Rather, the goal will be to encourage students to think critically about: (1) selected areas of criminal procedure and comparative criminal procedure; and (2) the ways in which courts of different countries shape and develop rules to control police investigations.

 

Dates: Nov.27, 29; Dec.4, 6, 10, 12, 16:00-19:30

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