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

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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 frame...

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Bibliographic Details
Other Authors: Gless, Sabine (Editor), Richter, Thomas (Editor)
Format: Electronic Book Chapter
Language:English
Published: Cham Springer Nature 2019
Series:Ius Gentium: Comparative Perspectives on Law and Justice
Subjects:
Politics & government
International law
International criminal law
Criminal law & procedure
Criminal justice law
Law
Private international law
Conflict of laws
Criminal law
Criminal justice, Administration of
Social justice
Human rights
Online Access:OAPEN Library: download the publication
OAPEN Library: description of the publication
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Summary: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. ;
Physical Description:1 electronic resource (380 p.)
ISBN:978-3-030-12520-2
Access:Open Access

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