xv, 380 pages : color illustration ; 24 cm.
9783030125202 (ebook) 9783030125196 303012519X
Ius gentium (Dordrecht, Netherlands) ; v. 74. 1534-6781
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. -- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
The potential to secure a fair trial through evidence exclusion : a Swiss perspective / Laura Macula The potential to secure a fair trial through evidence exclusion : a German perspective / Thomas Weigend Regulating interrogations and excluding confessions in the United States : balancing individual rights and the search for the truth / Jenia Iontcheva Turner The potential to secure a fair trial through evidence exclusion : a Taiwanese perspective / Yu-Hsiung Lin, Shih-Fan Wang, Chung-Yen Chen, Tsai-Chen Tsai and Chiou-Ming Tsai The potential to secure a fair trial through evidence exclusion : a Chinese perspective / Na Jiang Criminal justice and the exclusion of incriminating statements in Singapore / Hock Lai Ho The purposes and functions of exclusionary rules : a comparative overview / Jenia Iontcheva Turner and Thomas Weigend The fair trial rationale for excluding wrongfully obtained evidence / Hock Lai Ho Exclusionary rule of illegal evidence in China : observation from historical and empirical perspectives / Weimin Zuo and Rongjie Lan Securing a fair trial through exclusionary rules : do theory and practice form a well-balanced whole? / Susanne Knickmeier Exclusionary rules : is it time for change? / Sabine Gless and Laura Macula.
K5471 .D6 2019
Cham, Switzerland : Springer Open,