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Full-Text Articles in Criminal Procedure

Improperly Obtained Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon Jan 2022

Improperly Obtained Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon

Research Collection Yong Pung How School Of Law

The 2012 amendments to the Evidence Act “significantly broadened the admissibility criteria for expert evidence”; at the same time, the judicial discretion to deny admissibility of relevant expert opinion evidence was also introduced. This article considers the key developments pre- and post-amendments, and in doing so provides an updated framework for prosecutors and defence counsel alike to admit and challenge expert opinion evidence in criminal proceedings. Since it complements earlier articles in this series on similar fact and hearsay evidence, readers are assumed to be broadly familiar with the features of the Evidence Act, such as its admissibility paradigm, the …


Can Delaying An Execution Due To Covid-19 Amount To Unconstitutional Discrimination?, Benjamin Joshua Ong Jan 2022

Can Delaying An Execution Due To Covid-19 Amount To Unconstitutional Discrimination?, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

This note discusses the case of Syed Suhail bin Syed Zin v Attorney-General [2021] 1 SLR 809 (CA); [2021] 4 SLR 698 (HC) and its implications for equality law in Singapore.


Singapore, Tan K. B. Eugene Jul 2019

Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The Singapore Government recognises and is committed to legal aid as an integral part of access to justice. Sixty years ago in 1958, Singapore was the first country in Southeast Asia to enact a legal aid scheme, which provided for the establishment of the Legal Aid Bureau (LAB) to provide civil legal aid to persons of limited means. Over the course of independent Singapore’s history, legal aid as part of the overall access to justice has broadened significantly. Members of Parliament make regular calls for more people to qualify and receive government-funded legal aid. The government regards access to justice …


It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues, Rathna N. Korman Sep 2018

It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues, Rathna N. Korman

Research Collection Yong Pung How School Of Law

This article aims to establish that Singapore’s drug policy and approach though not in tandem, is consistent with the elements espoused in the harm reduction approach advocated by the Global Commission on drug policies. The Commission takes the position that drug control nationally has to be aligned with the sustainable development goals agenda approved by the member states in 2015. It has recommended abolishing death penalty for all drug related offences, decriminalizing drug possession and cultivation for personal consumption, implementing non-penal sanctions for all low level drug offenders, and exploring non-penal regulatory models following decriminalization. There is a paradigm shift …


The Globalisation Of Crime, Mark Findlay Jul 1999

The Globalisation Of Crime, Mark Findlay

Research Collection Yong Pung How School Of Law

As with many emergent themes in today's society, globalisation is simple and complex. Put simply, it is the collapsing of time and space; the process whereby through mass communication, multi-national commerce, internationalised politics, and transnational regulation we seem to be moving inexorably towards a single culture. The more complex interpretation of globalisation is as paradox - wherein there are as many pressures driving us in the direction of the common culture as those keeping us apart.


Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay Nov 1993

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.


The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth Oct 1990

The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth

Research Collection Yong Pung How School Of Law

The claim that the jury is a randomly chosen and representative sample of community is an important part of the ideology which currently underpins the institution. Supporters of the jury argue that both its impartiality and its independence from the State are bolstered by the fact that it represents a randomly selected cross-section of the populace. In most common law jurisdictions where the jury operates, various steps have been taken over recent years in order preserve and strengthen the perception of the jury as a "microcosm of democratic society". For example, in England the property qualification for jurors was removed …


Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay Dec 1984

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.