1. UKM Learning and Research Repository
2. PHD Thesis / Tesis PHD
3. Faculty of Law / Fakulti Undang-undang

Title:	Balancing the interest in evidence collection with the accused's privacy in the American, Malaysian and Sudanese criminal proceedings
Authors:	Adam Mohamed Ahmed Abdelhameed (P65988)
Supervisor:	Kamal Halili Hassan, Prof. Dr.
Keywords:	Privacy Right of Conflict of laws -- Privacy Right of Dissertations, Academic -- Malaysia Universiti Kebangsaan Malaysia -- Dissertations
Issue Date:	28-Mar-2017
Description:	The main statement of the problem of the study is that there is a possibility of conflict between the law enforcement interest in the collection of evidence in criminal proceedings and the privacy right of the accused. In other words, meeting the law enforcement interest in evidence collection mightinvade the privacy of the accused. The generalobjective of the study has been tobalance the law enforcement interest in evidence collection in criminal proceedings with the privacy right of the accused in the American, Malaysian and Sudanese legal systems. The specific objectives have been: to examinewhether or not the laws in operation in Malaysia and Sudan, including cyber laws,provide adequate protection to the accused's privacy right in evidence gathering in criminal proceedingssimilar to that in their American counterpart; to explore the areas in which an imbalance might be found between the interest in evidence collectionand the accused's privacy in the Malaysian and Sudanese criminal proceedings; to inform the Malaysian and Sudanese criminal proceedings from the American experience in addressing the interest in evidence collection vis-à-vis the privacy of the accused through a comparison analysis; and to propose recommendations for balancing the interestin evidence collectionwith the privacy right of the accused in the criminal proceedings of Malaysia and Sudan when and if the latter is found to be undervalued by the former. A doctrinal-type ofresearch is conductedon the basis of secondary library materials including statutes, decided cases, books and journal articles on the topicin the three legal systems. No fieldwork such as a survey in the form of interview or questionnaire with law professionals was conducted. The data analysis was performed through a qualitative content analysis of the said secondary data to obtain the findings. The outcomesreached in this thesis might be limited by the choice of the said methodology. The outlined objectives were achieved. As a broad law with rich judicial precedents and scholarly works on the issue of privacy in the context of criminal proceedings, the American legal system was firstly explored and taken as a benchmark for comparison in the matter at issue. Situations in the Malaysian and Sudanese criminal proceedings were compared with that in their American counterpart. It was found that in the threelegal systemsthe interest in evidence collection was duly recognized. In line with that, law enforcement agencies arevested with investigativepowers including the search and seizure of persons, premises, papers and effects. At the same time, in the threelegal systems the rights of the accused person were found to be well acknowledged as a means for defense. In certainsituations, the interest in evidence collection and the accused's rights including the privacy right were found to be in conflict. In someareas,the two sets of interest are found to be balanced through internal legislative limitations and restrictions. This took one of threeforms: affirming the accused rights including the privacy right, limiting the powers of the law enforcement officialsor excluding the information collected illegally as evidence of guilt of the accused. This is done through substantial requirements related to the circumstances surrounding the case such as the reasonableness in the search or procedural requirements related to the search warrant. In the areas where it was found that no such a balance ismaintained, recommendations are made to achieve this balance. These include recommendations for creating policies by the government of Malaysia and Sudan to maintain this balance. They also include recommendations for the legislatures in the two countries to amend the existing laws for the same purpose.,Ph.D.
Pages:	311
Call Number:	C31.ADA 2017 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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