Exclusionary Rules in Comparative Law / edited by Stephen C. Thaman.
2013
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Title
Exclusionary Rules in Comparative Law / edited by Stephen C. Thaman.
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Edition
1st ed. 2013.
Imprint
Dordrecht : Springer Netherlands : Imprint: Springer, 2013.
Description
XVI, 456 p. online resource.
Series
Ius Gentium: Comparative Perspectives on Law and Justice, 2214-9902 ; 20.
Formatted Contents Note
Introduction; Stephen C. Thaman
Part One: The Vicissitudes of Court-Made Exclusionary Tests: Section One: Common Law Jurisdictions
Chapter 1: The United States: The Rise and Fall of the Constitutional Exclusionary Rule; Mark E. Cammack
Chapter 2: Ireland: A Move to Categorical Exclusion?; Arnaud Cras and Yvonne Daly
Chapter 3: Scotland: A Plea for Consistency; Fiona Leverick and Findlay Stark
Chapter 4: Israel: The Supreme Court's New, Cautious Exclusionary Rule; Yuval Merin and Rinat Kitai-Sangero
Part One: The Vicissitudes of Court-Made Exclusionary Tests:Section Two: Civil Law Balancing
Chapter 5: Germany: Balancing Truth against Protected Constitutional Interests; Sabine Gless
Part Two: From Nullities to Statutory Exclusionary Rules in Continental Europe: Section One: The Traditional Approach Based on Statutory Nullities
Chapter 6: France: Procedural Nullities and Exclusion; Jean Pradel
Part Two: From Nullities to Statutory Exclusionary Rules in Continental Europe: Section Two: From Nullities to Balancing
Chapter 7: Belgium: From Categorical Nullities to a Judicially Created Balancing Test; Marie-Aude Beernaert and Philip Traest
Chapter 8: The Netherlands: Statutory Balancing and a Choice of Remedies: Matthias Borgers and Lonneke Stevens
Part Two: From Nullities to Statutory Exclusionary Rules in Continental Europe: Section Three: From Nullities to Statutory Exclusionary Rules
Chapter 9: Spain: The Constitutional Court's Move From Categorical Exclusion to Limited Balancing; Lorena Bachmaier Winter
Chapter 10: Italy: Statutory Nullities and Non-Usability; Giulio Illuminati.- Chapter 11: Greece: From Nullities to Categorical Statutory and Constitutional Exclusionary Rules; George Triantafyllou
Chapter 12: Turkey: The Move to Categorical Exclusion of Illegally Gathered Evidence; Adem Sözüer
Chapter 13: Serbia: Courts Struggle With a New Categorical Statutory Exclusionary Rule; Snežana Brkić
Part Three: The Fair Trial Test for Exclusion
Chapter 14: England and Wales: Fair Trial Analysis and the Presumed Admissibility of Physical Evidence; Andrew L-T Choo
Chapter 15: Taiwan: The Codification of a Judicially-Made Discretionary Exclusionary Rule; Jaw-perng Wang
Chapter 16: The European Court of Human Rights: The Fair Trial Analysis under Article 6 of the European Convention of Human Rights; Pinar Ölcer
Part Four: A Comparison of Exclusionary Jurisprudence
Chapter 17: Balancing Truth Against Human Rights: A Comparative Analysis of the Use of Illegally Gathered Evidence in the Criminal Trial; Stephen C. Thaman.-About the contributors
index.
Part One: The Vicissitudes of Court-Made Exclusionary Tests: Section One: Common Law Jurisdictions
Chapter 1: The United States: The Rise and Fall of the Constitutional Exclusionary Rule; Mark E. Cammack
Chapter 2: Ireland: A Move to Categorical Exclusion?; Arnaud Cras and Yvonne Daly
Chapter 3: Scotland: A Plea for Consistency; Fiona Leverick and Findlay Stark
Chapter 4: Israel: The Supreme Court's New, Cautious Exclusionary Rule; Yuval Merin and Rinat Kitai-Sangero
Part One: The Vicissitudes of Court-Made Exclusionary Tests:Section Two: Civil Law Balancing
Chapter 5: Germany: Balancing Truth against Protected Constitutional Interests; Sabine Gless
Part Two: From Nullities to Statutory Exclusionary Rules in Continental Europe: Section One: The Traditional Approach Based on Statutory Nullities
Chapter 6: France: Procedural Nullities and Exclusion; Jean Pradel
Part Two: From Nullities to Statutory Exclusionary Rules in Continental Europe: Section Two: From Nullities to Balancing
Chapter 7: Belgium: From Categorical Nullities to a Judicially Created Balancing Test; Marie-Aude Beernaert and Philip Traest
Chapter 8: The Netherlands: Statutory Balancing and a Choice of Remedies: Matthias Borgers and Lonneke Stevens
Part Two: From Nullities to Statutory Exclusionary Rules in Continental Europe: Section Three: From Nullities to Statutory Exclusionary Rules
Chapter 9: Spain: The Constitutional Court's Move From Categorical Exclusion to Limited Balancing; Lorena Bachmaier Winter
Chapter 10: Italy: Statutory Nullities and Non-Usability; Giulio Illuminati.- Chapter 11: Greece: From Nullities to Categorical Statutory and Constitutional Exclusionary Rules; George Triantafyllou
Chapter 12: Turkey: The Move to Categorical Exclusion of Illegally Gathered Evidence; Adem Sözüer
Chapter 13: Serbia: Courts Struggle With a New Categorical Statutory Exclusionary Rule; Snežana Brkić
Part Three: The Fair Trial Test for Exclusion
Chapter 14: England and Wales: Fair Trial Analysis and the Presumed Admissibility of Physical Evidence; Andrew L-T Choo
Chapter 15: Taiwan: The Codification of a Judicially-Made Discretionary Exclusionary Rule; Jaw-perng Wang
Chapter 16: The European Court of Human Rights: The Fair Trial Analysis under Article 6 of the European Convention of Human Rights; Pinar Ölcer
Part Four: A Comparison of Exclusionary Jurisprudence
Chapter 17: Balancing Truth Against Human Rights: A Comparative Analysis of the Use of Illegally Gathered Evidence in the Criminal Trial; Stephen C. Thaman.-About the contributors
index.
Summary
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court's duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
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Language
English
ISBN
9789400753488
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