Do Exclusionary Rules Ensure a Fair Trial?
Publication year: 2019
: 978-3-030-12520-2
This publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
: Law and Criminology / Legal Framework for Exclusionary Rules / Safeguarding a Fair Trial / Impact of Exclusionary Rules / Exclusionary Rules in Criminal Justice Systems / Exclusion of Evidence in Criminal Proceedings / Exclusionary Rules in Germany / Exclusionary Rules in England / Exclusionary Rules in Switzerland / Exclusionary Rules in China / Exclusionary Rules in Singapore / Exclusionary Rules in USA / Private International Law / International and Foreign Law, Comparative Law / International Criminal Law / Criminal Law and Criminal Procedure Law / Criminal Justice / Social Justice, Equality and Human Rights
