Exclusionary rules in comparative law
- Stephen C. Thaman, editor.
- Dordrecht ; New York : Springer, c2013.
- Physical description
- xv, 454 p. ; 24 cm.
- Ius gentium (Dordrecht, Netherlands) v. 20.
Law Library (Crown)
|K5471 .E93 2013||Unknown|
- Includes bibliographical references and index.
- The United States : the rise and fall of the constitutional exclusionary rule / Mark E. Cammack
- Ireland : a move to categorical exclusion? / Arnaud Cras and Yvonne Marie Daly
- Scotland : a plea for consistency / Findlay Stark and Fiona Leverick
- Israel : the Supreme Court's new, cautious exclusionary rule / Rinat Kitai Sangero and Yuval Merin
- Germany : balancing truth against protected constitutional interests / Sabine Gless
- France : procedural nullities and exclusion / Jean Pradel
- Belgium : from categorical nullities to a judicially created balancing test / Marie-Aude Beernaert and Philip Traest
- The Netherlands : statutory balancing and a choice of remedies / Matthias J. Borgers and Lonneke Stevens
- Spain : the Constitutional Court's move from categorical exclusion to limited balancing / Lorena Bachmaier Winter
- Italy : statutory nullities and non-usability / Giulio Illuminati
- Greece : from statutory nullities to a categorical statutory exclusionary rule / Georgios Triantafyllou
- Turkey : the move to categorical exclusion of illegally gathered evidence / Adem Sözüer and Öznur Sevdiren
- Serbia : courts struggle with a new categorical statutory exclusionary rule / Snežana Brkić
- England and Wales : fair trial analysis and the presumed admissibility of physical evidence / Andrew L.-T. Choo
- Taiwan : the codification of a judicially-made discretionary exclusionary rule / Jaw-Perng Wang
- The European Court of Human Rights : the fair trial analysis under Article 6 of the European Convention of Human Rights / F. Pınar Ölçer
- Balancing truth against human rights : a theory of modern exclusionary rules / Stephen C. Thaman.
- Publisher's Summary
- This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court's duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
(source: Nielsen Book Data)9789400753471 20160610
- Publication date
- Ius gentium : comparative prespectives on law and justice ; v. 20
- "This book ... grew out of excellent country studies on the criminal exclusionary rule prepared for the XVIII Congress of the International Academy of Comparative Law (IACL), which was held in Washington, D.C., from July 25 through August 1, 2010."--P. xi.
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