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Do Exclusionary Rules Ensure a Fair Trial?
Sabine Gless and Thomas Richter
2019
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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 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. ;
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Keywords
- Conflict of laws
- Criminal justice law
- Criminal justice, Administration of
- criminal law
- Criminal law & procedure
- Human rights
- international criminal law
- International law
- Law
- Laws of Specific jurisdictions
- Politics & government
- private international law
- Public International Law
- Social Justice
- Society & Social Sciences
- thema EDItEUR::J Society and Social Sciences::JP Politics and government
- thema EDItEUR::L Law::LB International law
- thema EDItEUR::L Law::LB International law::LBB Public international law::LBBZ Public international law: criminal law
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences::LNFB Criminal justice law
Links
DOI: 10.1007/978-3-030-12520-2Editions