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Dissertations / Theses on the topic 'Models of criminal trial'

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Published: 4 June 2025
Last updated: 1 August 2025

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1

Trapp, Donald R. "The Development of a Predictive Model of Pretrial Misconduct." PDXScholar, 1992. https://pdxscholar.library.pdx.edu/open_access_etds/4574.

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The problem of jail overcrowding has forced corrections officials and jail administrators to examine ways in which to better manage available jail space. Pretrial release and detention policies have been a target of this examination as pretrial defendants typically account for 50% of a jail's population. Standards for pretrial release exist, but their administration varies by jurisdiction. The impact of jail overcrowding on pretrial release policies has been to decrease the time available to render a decision. Recent efforts to standardize pretrial release standards in Oregon have not addresse
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2

Stjärneblad, Sebastian. "The Regional Prosecution Model between Kenya and the European Union: Implications on International Criminal Law?" Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23524.

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Modern piracy has escalated outside the coast of Somalia and in the Gulf of Aden. In order to bring suspected pirates and alleged armed robbers to justice, the European Union has entered into a regional prosecution model with Kenya. In this study I examine if the regional prosecution model between Kenya and the European Union may have any implications on international criminal law by specifically analyzing the Kenyan jurisdiction to try piracy suspects and the right to fair trial in Kenyan criminal proceedings of piracy suspects. By using a legal method, this study offers some clarity rega
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3

Appiah, Eric Yeboah. "Right to fair trial in Ghana criminal proceedings." Doctoral thesis, Universitat Pompeu Fabra, 2017. http://hdl.handle.net/10803/403064.

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Fair trial in the criminal process of Ghana has been violated, constrained and compromised because procedural rights of the accused remain unenforceable. The current legal instruments within the liberal framework for protection are misguided, and the existing instruments do not guarantee the right here in ques-tion. The dissertation discusses procedural rights that interrelate with the prin-ciple of equality of arms. I advocate that the system fails to put the criminally accused on equal balance and relative equality with the state prosecution. For interest of justice, I suggest that legal aid
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4

Leary, Richard Maurice. "Evidential reasoning in criminal pre-trial fact investigation." Thesis, University College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.417954.

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5

Choo, Andrew Li-Teik. "The relation between pre-trial executive improprieties and the outcome of the criminal trial." Thesis, University of Oxford, 1990. https://ora.ox.ac.uk/objects/uuid:7f62fb47-6a82-4197-9f30-24284f36db59.

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The issue of the implications which pre-trial police or prosecutorial improprieties should have for a criminal trial has not been the subject of serious consideration in English law. The courts have acknowledged that such improprieties may lead in certain circumstances to the exclusion of evidence or to a stay of proceedings, but have not properly identified the underlying rationales and principles. I expose the deficiencies in the existing law and indicate the path to reform. My main argument is that where pre-trial executive impropriety is established, the court should consider what I have c
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6

Ferguson, Rex. "Experience on trial : criminal law and the modernist novel." Thesis, University of Glasgow, 2009. http://theses.gla.ac.uk/1319/.

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The cultural forms of modernity become truly modern only when specific experience, as opposed to tradition or faith, is made the basis of epistemological authority. By taking the primary examples of law and literature, this thesis argues that the criminal trial and realist novel of the eighteenth and nineteenth-centuries perfectly conform to this statement. But by the early twentieth-century, experience had, as Walter Benjamin put it, ‘fallen in value’. As such, the modernist novel and trial come to have foundations in a non-experience which nullifies identity, subverts repetition and supplant
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7

Al-Hargan, Abdulhamid Abdullah. "The Saudi pre-trial criminal procedure and human rights." Thesis, University of Kent, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.433181.

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8

Bentley, David Ronald. "Trial on indictment in nineteenth century England." Thesis, University of Sheffield, 1993. http://etheses.whiterose.ac.uk/10214/.

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The aim of this thesis is to assess how far trial on indictment in nineteenth century England conformed to -." the present day concept of a fair trial. What by contemporary English standards are considered the essential elements of a fair trial the thesis deduces from current statute and case law. Having identified these elements it attempts to discover how far they were present in the nineteenth century system. The analysis broadly follows the chronology of the trial itself, with particular attention paid to legal aid, the campaign to abolish the rule rendering prisoners and their spouses inc
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9

Hostettler, John Arthur. "Sir William Garrow & the development of adversarial criminal trial." Thesis, University of Sussex, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.432416.

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10

Wheeler, Caleb. "The right to be present at trial in international criminal law." Thesis, Middlesex University, 2018. http://eprints.mdx.ac.uk/24092/.

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International criminal law considers the accused’s right to be present at trial to be a key component of his or her right to a fair trial at international and internationalised criminal courts and tribunals. The central research question this thesis explores is: what does the accused’s right to be present at trial mean in international criminal law and are the accused at international and internationalised criminal courts and tribunals receiving the benefits of its protection? This thesis answers that question in eight substantive chapters examining a variety of issues relating to the right to
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11

Huat, Bujang bin Kim. "Simulation of field trial structures." Thesis, University of Manchester, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.294076.

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12

Symons, Tanya Jane. "Trial Consent Models in a Learning Healthcare System." Thesis, The University of Sydney, 2022. https://hdl.handle.net/2123/30058.

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Background: Embedding trials into the health system requires risk-based approaches to their conduct. This includes streamlined ways to obtain consent when patients participate in trials. Risk-based approaches to consent can improve trial efficiency, but it is unclear whether the models used internationally can be adopted in Australia. Objectives: This thesis aims to contribute to evidence on risk-based consent to support the embedding of trials in the health system and to contribute to the implementation of risk-based consent models through the development of evidence-based guidelines. M
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13

Korda, Catherine J. "Biases toward defendants in joint criminal trials." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1018.

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Under the Criminal Code Compilation Act 1913 (WA), any number of individuals may be joined as co-defendants in a single trial, fanning a situation known as a joint trial. The charge/s against each defendant are considered separately and given a separate verdict by the jury. There is considerable debate in the legal arena as to the utility of joint trials, although to date little empirical research exists to substantiate any of the claims made. The present study aimed to contribute to the sparse knowledge base on joint trials by examining the impact of evidence strength on juror decision making
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14

Campbell, James M. "Slavery on trial : race, class and criminal justice in antebellum Richmond, Virginia." Thesis, University of Nottingham, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.401547.

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15

Sastry, V. V. L. N. "Influence of Trial by Media on the Criminal Justice System in India." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6805.

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Media exercises incredible influence on the public; in India media appears to interfere with court proceedings. The purpose of this mixed-methods quasi-experimental study was to explore the effect of media trials on the Indian criminal justice system and to examine the relationship between court verdicts and media trials in India. The narrative policy framework was used to guide the study. Qualitative data were gathered from a variety of sources, including the court cases and the related verdicts reported by the media as media trials from 2005 to 2015. Subsequently, interviews were also conduc
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16

Wincup, Emma. "Waiting for trial : living and working in a bail hostel." Thesis, Cardiff University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310338.

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17

DeGraw, Melvin Earl. "Pretrial Release in Criminal Courts: a Study of Three Oregon Counties." PDXScholar, 1995. https://pdxscholar.library.pdx.edu/open_access_etds/1343.

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Pretrial release (PTR) is the permanent or temporary freedom from incarceration for criminal defendants awaiting adjudication of their cases in court. From Anglo Saxon times in England, people accused of non-capital crimes were generally permitted to remain free until judicial officials could hear the charges against them. In America, pretrial release has been advocated by the courts since the colonial era. The U. S. Constitution requires that bail not be excessive, but leaves governments free to decide how bail laws are administered. The study briefly traces the historical developments of PTR
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18

Widder, Elmar Richard. "A fair trial at the International Criminal Court? : human rights standards and legitimacy." Thesis, University of Hull, 2015. http://hydra.hull.ac.uk/resources/hull:13606.

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Can the procedure at the International Criminal Court be regarded as fair? And why is the level of fairness important for the ICC’s legitimacy? This thesis argues that the right to a fair trial is an indispensable prerequisite for international tribunals and that the ICC’s level of procedural fairness can be improved despite the Prosecutor’s obligation to search for inculpatory and exculpatory evidence equally. Questions of procedural fairness typically involve the principle of equality of arms and the right to adversarial proceedings. My argument is different. In a comprehensive analysis, I c
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19

Gellér, Balázs József. "Legality on trial : a theoretical analysis of the legality of substantive criminal norms." Thesis, University of Cambridge, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.621714.

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20

Gassama, Diakhoumba. "Accountability and prosecution in the Liberian transitional society: lessons from Rwanda and Sierra Leone." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=init_3458_1180416748.

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<p>In the aftermath of World War Two, the International Community has shown a renewed commitment towards the protection of human rights. However, whether during wars or under dictatorial regimes, numerous human rights abuses occurred everywhere in the world, from Latin America to Eastern Europe and from Southern Europe to Africa. Countries which experienced oppressive governance or outrageous atrocities has to address the legacies of their past on the return of democratic rule or peace. In other words, they had to emerge from the darkness of dictatorship or civil war in order to establish a de
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21

Lorizzo, Concetta. "From rule of law towards human rights-based approached to criminal justice reform in Mozambique the case of pre-trial detention." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4450.

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22

Shomade, Salmon Adegboyega. "Case Study of the Structures of Criminal and Drug Courts." Diss., The University of Arizona, 2007. http://hdl.handle.net/10150/194745.

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This dissertation is an empirical study of the actors and organizations working in criminal and drug courts. Specifically, the dissertation examines the structure (as defined by the interactions and relationships of players) of a criminal court and a drug court operating under a state trial court system in the United States. Recent reforms to trial courts indicate that the organizational structure of a typical trial court has changed in many states. Separately, specialty courts which help coordinate treatment for offenders like drug users and mental patients in many jurisdictions have chang
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23

Withers, Kim. "A Psychosocial Behavioral Attribution Model: Examining the Relationship Between the “Dark Triad” and Cyber-Criminal Behaviors Impacting Social Networking Sites." Diss., NSUWorks, 2019. https://nsuworks.nova.edu/gscis_etd/1072.

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This study proposes that individual personality characteristics and behavioral triggering effects come together to motivate online victimization. It draws from psychology’s current understanding of personality traits, attribution theory, and criminological research. This study combines the current computer deviancy and hacker taxonomies with that of the Dark Triad model of personality mapping. Each computer deviant behavior is identified by its distinct dimensions of cyber-criminal behavior (e.g., unethical hacking, cyberbullying, cyberstalking, and identity theft) and analyzed against the Dar
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24

Gall, Stacy Lyn. "Effects of joint trials on the proportion of guilty verdicts assigned to defendants." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1257.

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When two or more people are alleged to have committed a crime together they are automatically tried together in a joint trial. Defendants can apply to have a joint trial severed into separate trials, but they are rarely granted. However, joint trials might be biasing against defendants in that they might have a greater likelihood of obtaining aguilty verdict than if they had separate trials. A review of the literature indicated that authors have several hypotheses why joint trials might be biasing, though there is no conclusive evidence that this is the case. This study used a mock juror parad
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25

Smith, Alison B. "Multiplicative mixed models for the analysis of multi-environment trial data /." Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phs64221.pdf.

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26

McCallum, Emma Clare. "Adaptive phase II clinical trial design using nonlinear dose-response models." Thesis, University of Cambridge, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709013.

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27

Ouma, Jack Busalile Mwimali. "Conceptualisation and operationalisation of the right to a fair trial in criminal justice in Kenya." Thesis, University of Birmingham, 2013. http://etheses.bham.ac.uk//id/eprint/3984/.

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This thesis explores issues concerning the conceptualisation and operationalisation of the right to a fair trial in the Kenyan criminal justice system. In particular, it looks at how and why there have been many difficulties with the implementation of this universal set of values that have been recognised since the adoption of the formal legal system in Kenya, and which have been enshrined in the Constitution since independence. It addresses a number of overarching questions. First, it identifies the factors that hindered the full realisation of the right to a fair trial. Secondly, it enquires
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28

Cole, Rowland James Victor. "Equality of arms and aspects of the right to a fair criminal trial in Botswana." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/3995.

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Thesis (LLD (Public Law))--University of Stellenbosch, 2010.<br>ENGLISH ABSTRACT: The guarantee of a fair trial is fundamental to the criminal process of every modern society. Like all civilised nations, Botswana’s legal order provides for the protection of accused persons through the guarantee of a fair trial. But equality of arms, a central feature of medieval trial by combat, seems to have disappeared from modern criminal procedural systems. The question arises, therefore, whether criminal justice systems sufficiently cater for the fair trial of accused persons. This thesis will argue
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29

Mwale, Brenda. "The balancing of competing rights : the right to disclosure at the International Criminal Court." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5189.

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30

Rao, Aparna. "The defendant's bad character in the wake of the Criminal Justice Act 2003." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:818b81e9-91bc-41dd-9f40-1bb57b0d45b2.

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This thesis examines the interpretation and application of the Criminal Justice Act 2003 (UK), Part 11 Chapter 1, which came into force on 15 December 2004. Part 11 Chapter 1 concerns evidence of bad character, a concept approximately comparable with common law similar fact evidence, in relation to all parties who may be connected with a criminal trial. The admission and use of similar fact evidence has often been the subject of controversy, and the significant changes made by the CJA 2003 have attracted their own body of support and criticism. The nine chapters of this thesis attempt an in-de
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31

Al-Oumi, Noura. "Suspects' rights and police malpractice in the pre-trial process of the Kuwait criminal justice system." Thesis, University of Leeds, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.595669.

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Suspects' who are held in police stations are safeguarded under the Constitutional rights of the accused in Kuwait. Despite those rights, little is known about how the police exercise their power or treat suspects held in Kuwait police custody. This thesis attempts to investigate the judicial police power with regard to detention. It also assesses the extent of the rights and fair treatment given to suspects in police custody. In particular, the thesis focuses on police discrimination against Bedoons and foreign labourer suspects. This study looked at the human rights standards in relation to
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32

Al-Subaie, Salman Muhammed. "The right to a fair trial under Saudi Law of Criminal Procedure : a human rights critique." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/7763.

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This study examines the compatibility of the Law of Criminal Procedure of 2001 in Saudi Arabia with the international human rights standards, and provides recommendations for criminal procedure reforms. The recent developments in the Saudi Arabian criminal justice system make it important to examine the right to a fair trial within the legal system of Saudi Arabia. This study starts by examining the international human rights standards related to the right to a fair trial and the right to a fair trial under the Saudi Arabian legal system. The study then examines the extent to which Shariah law
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33

Dobbs, Tammy J. "Discrete Trial Instruction| Comparing the Abbreviated Performance Feedback and Lecture Test Models." Thesis, Walden University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3646869.

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<p> Growing media attention and a high diagnosis rate of autism places significant demand on the service industry to provide qualified staff to work with individuals who have autism. Discrete trial instruction (DTI) is one of the most sought-after treatment approaches for those individuals. However, there is a gap in research regarding the efficacy of training methods for those who train direct staff to implement DTI. This quantitative study used an applied behavior analysis basis, deriving from foundations of behavior theory, to compare the abbreviated feedback form (AFF) to the lecture test
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34

Dobbs, Tammy J. "Discrete Trial Instruction: Comparing the Abbreviated Performance Feedback and Lecture Test Models." ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/1174.

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Growing media attention and a high diagnosis rate of autism places significant demand on the service industry to provide qualified staff to work with individuals who have autism. Discrete trial instruction (DTI) is one of the most sought-after treatment approaches for those individuals. However, there is a gap in research regarding the efficacy of training methods for those who train direct staff to implement DTI. This quantitative study used an applied behavior analysis basis, deriving from foundations of behavior theory, to compare the abbreviated feedback form (AFF) to the lecture test mode
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35

Goss, Ryan Allan. "Rethinking Article 6 : the criminal fair trial rights case law of the European Court of Human Rights." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:ca24a337-7cde-4fa0-aee6-4f79d9076b94.

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This thesis is a critique of the European Court of Human Rights’ case law on the right to a fair trial in criminal cases. It is the result of a focussed and extensive survey of Article 6 case law, and, unlike other work on Article6, does not analyse each component right of Article 6 one-by-one. Instead, the thesis considers ‘cross-cutting’ themes common to all, or many, of the Article 6 component rights: how the Court interprets Article 6, how the Court sees its role in Article 6 cases, how the Court approaches Article 6’s internal structure, the Court’s implied rights jurisprudence, and how t
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36

Godwin, Melissa Hunt. "The Effects of Prior Stages of Criminal Justice Decision-Making on Criminal Sentencing: A Test of Three Models." NCSU, 2002. http://www.lib.ncsu.edu/theses/available/etd-11152002-140257/.

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Previous research has analyzed the effects of legal and extralegal factors on criminal justice decision-making. Most of this research analyzes discrete stages, rather than multiple stages of the criminal justice process. Using data on felony convictions in a New Jersey State Court, this study compares the utility of a legal model of decision-making, an organizational model of decision-making and Black?s (1976) theory of law in predicting several criminal justice outcomes. Providing some support for both the legal model and Black?s theory of law, the results indicate the influence of both legal
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37

Myers, Beatrice Faye. "The hypoplasia of the defence in international criminal law : a critical analysis of fair trial and equality of arms." Thesis, University of Sussex, 2016. http://sro.sussex.ac.uk/id/eprint/60623/.

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The term ‘hypoplasia' refers to a biological inability to mature properly, due to disease or an inadequate supply of nutrients, which results in incomplete or arrested development. This thesis will seek to demonstrate that the concept 2 of ‘hypoplasia' best represents the arrested development of the Defence role in International Criminal Law (ICL). The limited and delayed development of the Defence during the creation of the institutions will be argued as having resulted in profound and lasting consequences, which affect all manner of defence functions, both in theory and in practice. It will
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38

York, Timothy. "Predictors of Conviction: An Examination of Arson Trial Outcomes in Florida." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5962.

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The influences that crime control, due process factors, and individual demographic characteristics have on the criminal trial outcomes of accused arsonists was unknown. Absent this knowledge, it was not clear if public policy ensures justice for the accused, particularly for the disadvantaged. The purpose of this quasi-experimental study was to investigate, using Packer's due process and crime control model as the theoretical framework, the relationship between time to trial, number of defense and prosecution witnesses, access to fire origin and cause experts, legal representation type, age, r
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39

Burić, Zoran [Verfasser], and Ulrich [Akademischer Betreuer] Sieber. "Models of cross-border evidence gathering in European Union criminal law." Freiburg : Universität, 2015. http://d-nb.info/1224808770/34.

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40

Nunu, Sukoluhle Belinda. "The broadcasting of criminal trials : upholding the freedom of expression or undermining the right to fair trial?" Thesis, University of Fort Hare, 2017. http://hdl.handle.net/10353/2832.

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This study investigated the tension between the right to freedom of expression and the right to a fair trial in the context of the public broadcasting of criminal trials. The aim of the study was to determine whether the right of the media to broadcast criminal trials can be reconciled with the right of an accused person to a fair trial. To accomplish the above aim, the research undertook a review of the case law relating to televised criminal trials in order to determine how the courts have addressed the fair trial-free expression conflict. The study concluded that the ‘balancing exercise’ em
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41

Roberts, S. K. P. "Prosecutorial discretion in the pre-trial criminal process : the Crown Prosecutor and Assistant United States Attorney compared." Thesis, University of Sussex, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367790.

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42

Hostettler, John Arthur. "Jury power : illusion or reality? : a critical study of criminal trial by jury in England, 1219-2003." Thesis, University of Sussex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408860.

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43

Jesus, Maria Gorete Marques de. "O crime de tortura e a justiça criminal: um estudo dos processos de tortura na cidade de São Paulo." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/8/8132/tde-05022010-171309/.

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O presente trabalho apresenta um estudo sobre a continuidade da tortura no atual Estado Democrático de Direito existente no Brasil, destacando a dissonância entre a criminalização da tortura no ordenamento jurídico e político e a efetividade da punição desse crime pelo sistema de justiça criminal. Destaca-se o fato de que a lei 9.455/97, que tipifica o crime de tortura no Brasil, considera que qualquer pessoa pode ser responsabilizada por crime de tortura. Ela difere da Convenção Contra a Tortura e Outros Tratamentos ou Penas Cruéis, Desumanos e Degradantes, que especifica que a tortura é todo
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Escarela-Perez, Gabriel. "Extending split-population models in the analysis of recidivism." Thesis, Lancaster University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340570.

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Silva, Kelaniyage Buddhappriya Asoka. "Constitutional rights relating to criminal justice administration in South-Asia : a comparison with the European Convention on Human Rights." Thesis, University of Southampton, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.327597.

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46

Alice, Chang-Jung Yang. "The prosecution's duty of disclosure before international criminal tribunals." Thesis, Brunel University, 2016. http://bura.brunel.ac.uk/handle/2438/13531.

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The prosecution’s duty of disclosure is at the heart of an accused’s right to a fair trial. Information and knowledge is power. Owing to the nature of criminal investigation, the prosecution almost always has more time and resources at its disposal in order to prepare its case than the defence. More importantly, the prosecution has access to certain information that the defence would not have and it has the means to access them. As a consequence, in order to ensure the fundamental rights of the accused are respected, it is crucial for the prosecution to disclose any relevant material to the de
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Shane, Matt. "I heard him say-, jurors' ability to determine the value of hearsay testimony in a criminal murder trial." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ58878.pdf.

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48

Arrieta, Caro José. "Rise and Fall of the Constitutional Right to a Jury Trial for Criminal Cases in the United States." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115996.

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Since its appearance in Europe, the trial by jury had to travel a long path until it became the official procedure to try criminal cases in the United States. Although it was not really created with that specific purpose, over the years it experienced memorable moments in which it was granted with the prestige and value required to be inserted in the Constitution of that country, as a safeguard against the arbitrariness of the governmental power. Today, however, the great importance that it had in the past has significantly decreased. The needs and practices of a system with a particularly hig
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49

Mellifont, Kerri Anne. "The derivative imperative : how should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence?" Thesis, Queensland University of Technology, 2007. https://eprints.qut.edu.au/16388/1/Kerri_Mellifont_Thesis.pdf.

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How should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence? The fact that derivative evidence gives rise to factors distinct from primary evidence makes it deserving of an examination of its peculiarities. In doing so, the assumption may be put aside that derivative evidence falls wholly within the established general discourse of illegally or improperly obtained evidence. Just as the judicial response to primary evidence must be intellectually rigorous, disciplined and principled, so must be the response to derivative evidence. As such,
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Mellifont, Kerri Anne. "The derivative imperative : how should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence?" Queensland University of Technology, 2007. http://eprints.qut.edu.au/16388/.

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Abstract:
How should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence? The fact that derivative evidence gives rise to factors distinct from primary evidence makes it deserving of an examination of its peculiarities. In doing so, the assumption may be put aside that derivative evidence falls wholly within the established general discourse of illegally or improperly obtained evidence. Just as the judicial response to primary evidence must be intellectually rigorous, disciplined and principled, so must be the response to derivative evidence. As such,
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