Do Exclusionary Rules Ensure a Fair Trial?: A Comparative Perspective on Evidentiary Rules

Criminal Law

Do Exclusionary Rules Ensure a Fair Trial?: A Comparative Perspective on Evidentiary Rules

Edited by Sabine Gless · Thomas Richter
Springer-Verlag May 2019

Specifications

ISBN-13
9783030125196
Publisher
Springer-Verlag
Publication
May 2019
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This open access 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.

Table of Contents

Part I - Comparative Perspectives:
Chapter 1. The Potential to Secure a Fair Trial Through Evidence Exclusion: A Swiss Perspective
Chapter 2. The Potential to Secure a Fair Trial Through Evidence Exclusion: A German Perspective
Chapter 3. Regulating Interrogations and Excluding Confessions in the United States: Balancing Individual Rights and the Search for the Truth
Chapter 4. The Potential to Secure a Fair Trial Through Evidence Exclusion: A Taiwanese Perspective
Chapter 5. The Potential to Secure a Fair Trial Through Evidence Exclusion: A Chinese Perspective
Chapter 6. Criminal Justice and the Exclusion of Incriminating Statements in Singapore
Part II - Exclusionary Rules - quo vadis:
Chapter 7. The Purposes and Functions of Exclusionary Rules: A Comparative Overview
Chapter 8. The Fair Trial Rationale for Excluding Wrongfully Obtained Evidence
Chapter 9. Exclusionary Rule of Illegal Evidence in China: Observation from Historical and Empirical Perspectives
Chapter 10. Securing a Fair Trial Through Exclusionary Rules: Do Theory and Practice form a Well-balanced Whole?
Chapter 11. Exclusionary Rules - Is It Time for Change?
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