Editors:
- Compares exclusion of evidence in criminal proceedings across a broad selection of legal systems
- Identifies key points for an efficient implementation of exclusionary rules
- It is an open access
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 74)
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Table of contents (12 chapters)
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Front Matter
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Comparative Perspectives
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Front Matter
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Exclusionary Rules—Quo Vadis
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Front Matter
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About this book
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.
Keywords
- Legal Framework for Exclusionary Rules
- Safeguarding a Fair Trial
- Impact of Exclusionary Rules
- Exclusionary Rules in Criminal Justice Systems
- Exclusion of Evidence in Criminal Proceedings
- Exclusionary Rules in Germany
- Exclusionary Rules in England
- Exclusionary Rules in Switzerland
- Exclusionary Rules in China
- Exclusionary Rules in Singapore
- Exclusionary Rules in USA
- Open Access
- criminal justice
Editors and Affiliations
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Juristische Fakultät der Universität Basel, Basel, Switzerland
Sabine Gless
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Freiburg im Breisgau, Germany
Thomas Richter
About the editors
Dr. Thomas Richter served as the head of the East Asian Department of the Max Planck Institute for Foreign and International Law in Freiburg, Germany. In this capacity, he analysed the criminal law and criminal procedure law of the PRC and co-directed a comparative study on non-prosecution policies in Germany and the PRC. Most recently, he assessed the Rule of Law Programme for Asia, initiated by the German Konrad Adenauer Foundation (2013). Hisresearch interests include criminal law, human rights law and environmental law in East and South-East Asia, especially in China.
Bibliographic Information
Book Title: Do Exclusionary Rules Ensure a Fair Trial?
Book Subtitle: A Comparative Perspective on Evidentiary Rules
Editors: Sabine Gless, Thomas Richter
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-030-12520-2
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2019
Hardcover ISBN: 978-3-030-12519-6Published: 03 May 2019
Softcover ISBN: 978-3-030-12522-6Published: 14 August 2020
eBook ISBN: 978-3-030-12520-2Published: 17 April 2019
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XV, 380
Number of Illustrations: 3 b/w illustrations, 1 illustrations in colour
Topics: Private International Law, International & Foreign Law, Comparative Law , International Criminal Law , Criminal Law and Criminal Procedure Law, Criminal Justice, Social Justice, Equality and Human Rights