A Dworkinian theory of criminal procedure
By: by Michael Plaxton.
Published: 2004
Language: eng
Number of pages: 293
Subjects: Dworkin, Ronald William.; University of Toronto. -- Faculty of Law -- Dissertations.; Criminal procedure -- Canada.; Evidence, Criminal -- Canada.
Description: This work argues that aspects of Dworkin's theory of law substantially narrow the continuum of criminal procedural rules available to a democratic state. Dworkin's theory presupposes a democratic state that  inter alia precludes the use of compelled statements as evidence in criminal prosecutions; that requires the prosecuting authority to bear a high burden of proof; and that ensures citizens are not convicted with evidence too untrustworthy enough to prove guilt to a high degree of certainty. These requirements, when examined through the lens of Canada's existing criminal justice system, appear to require that system to incorporate additional procedural and evidentiary rules, including a corroboration requirement for all criminal offenses, and broader appellate review of convictions on questions of fact.
Notes: Adviser:  Alan Brudner.

"A thesis submitted in conformity with the requirements for the degree of Doctor of Juridical Science, Graduate Department, Faculty of Law, University of Toronto."

Thesis (S.J.D.)--University of Toronto, 2004.

Electronic version licensed for access by U. of T. users.

Source: Dissertation Abstracts International, Volume: 65-10, Section: A, page: 3967.