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Informant refused the testimony of the right

Author: HuangXiaoPing
Tutor: WuHongYao
School: China University of Political Science
Course: Procedural Law
Keywords: Informants The right to refuse testimony Immunity from Immunity to Testify
CLC: D918
Type: Master's thesis
Year: 2008
Downloads: 105
Quote: 1
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Abstract

Criminal Investigative Practice for the prevention and detection of drug-related crimes, organized crime and other major criminal activities, largely dependent on the use of informers. Although the informant has been more and more widely used in the criminal investigation level, the theme of \. This is reflected in many aspects of informant selection, management, and the rights and obligations of the informant and the informant to testify in court and criminal immunity. Of only normative basis on the use of informants is a Criminal Informant detective work rules formulated by the Ministry of Public Security in 1984. But the provisions are too Principles and macro, and only the internal regulations of the public security department, has lagged far behind the current situation of crime and detection, can not effectively regulate the practical utilization of the informant. Therefore, it is necessary on the informant issue specific legislation will walk on the edge of the law, the informant groups into the orbit of the law. This is the principle of rule of law demands, but also the effective use of the actual needs of the line and the fight against crime. This paper the right to refuse testimony of the informant as the object of study focuses on the following issues: the informant's identity confidential and exempt from testify. This is one of the core issue of the informer system, an important aspect of future informer system construction. This study will focus on practical jurisprudence in the Review of United States law, the basic theory. In the American criminal justice, the use of informants is very frequent, legislation and practice have a more mature system. In particular, the right to refuse the testimony of informants involves the trial to testify, closely related to the defendant's right to a defense, but also an important part of the informer security, it became the core of the informant system. Many after the Federal Supreme Court jurisprudence, case law has established a comprehensive specification for informers to refuse testimony privilege. Therefore, the U.S. legal system as a reference object on the analysis of its theoretical basis, an important precedent and practical method of operation, in order to Mirroring mature specification and practical experience, provide useful inspiration for our country's legislation. The first chapter of this paper is the theoretical basis of the right to refuse testimony in the context of the USA and France described informants. First analysis of the specific nature of the right to refuse testimony in the privileged system of rules recognized by the American law of evidence, informant, positioning, including its relationship with the presidential privilege or other government privileges. Followed by description of the informant to establish the right to refuse testimony is based on consideration of public policy, interest, and it is not \The last discusses the informant refused the Department of the testimony of the right to conceal the identity of government informers, informants do not have to testify in court, it is inevitable that the constitutional rights of the defendant's due process, forced forensics conflict, the court shall weigh the interests of severity in order to decide what priority, He should give way. Chapter II history along through the U.S. case law, comments on the informant refused the testimony of the right of the United States Supreme Court in the important case of the different periods, as established by the practical insights. Thus Discovery Practice point of view, the practice of the changes, the development process. Discusses the benchmark case of the informer's privilege Roviaro case and it is the creation of the \In addition, for the informer's tip crime involved \expressed opposition, the court should review how to determine the existence of \Chapter III of the U.S. legal system midline people refuse testimony rights legislation and practice some of the major specialized exposition in order to fully present the actual operation of the United States informer right to refuse testimony. These issues include: the informant refused the testimony of the right principles and exceptions, applicable elements of the informer's right to refuse testimony (or government agencies of the burden of proof), and investigation procedures of the court, and the court had wrongly ruled that the defendant when the informer's identity is not open relief. Chapter previous paper, the Review of the U.S. legal system and practice on the basis of mature norms and experiences, trying to learn from the United States, confidential and exempt from China's online identity to give evidence of specific legislation to provide advice. First analysis of judicial practice, the center line of people use in particular the status of confidential informer's identity, revealing the blank of the relevant legislation and specification defects. Then suggested that the informant refused the testimony of the content of the right and the boundaries, the distribution of the burden of proof, review methods, the Adoption at the U.S. legal system can learn to construct our informants the right to refuse testimony.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminalistics ( the response to crime science, crime Investigation )
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