Overview
- The only comparative study on this topic covering so many countries
- Highlights that this a world-wide rather than US legal phenomenon
- Of interest to a broad audience of comparativists, criminal justice and human rights specialists
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 20)
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Table of contents (17 chapters)
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Front Matter
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The Vicissitudes of Court-Made Exclusionary Tests
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Front Matter
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THE VICISSITUDES OF COURT-MADE EXCLUSIONARY TESTS
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From Nullities to Statutory Exclusionary Rules in Continental Europe
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Front Matter
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FROM NULLITIES TO STATUTORY EXCLUSIONARY RULES IN CONTINENTAL EUROPE
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The Fair Trial Test for Exclusion
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Front Matter
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THE FAIR TRIAL TEST FOR EXCLUSION
Keywords
- Admissibility
- Balancing
- Categorial Nullities
- Categorical Exclusion
- Cautious Exclusion
- Comparative Law
- Cost-Benefit-Balancing
- Criminal Justice
- Criminal Procedure Law
- Criminal Trial
- European Court of Human Rights
- Exclusionary Rule
- Exclusionary Tests
- Fair Trial
- Human Rights
- Human Rights
- IACL
- Illegally Gathered Evidence
- Inconsistent Case Law
- International Academy of Comparative Law
- Non-Usability
- Nullities
- Physical Evidence
- Privilege Against Self-Incrimination
- Probative Evidence
- Procedural Nullities
- Protected Constitutional Interests
- Relevant Evidence
- Remedies
- Right to Privacy
- Statutory Nullities
- Violoation of Constitutional Rights
About this book
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.Â
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.
Editors and Affiliations
Bibliographic Information
Book Title: Exclusionary Rules in Comparative Law
Editors: Stephen C. Thaman
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-94-007-5348-8
Publisher: Springer Dordrecht
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer Science+Business Media Dordrecht. 2013
Hardcover ISBN: 978-94-007-5347-1Published: 30 December 2012
Softcover ISBN: 978-94-007-9849-6Published: 29 January 2015
eBook ISBN: 978-94-007-5348-8Published: 31 December 2012
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XVI, 456
Topics: Private International Law, International & Foreign Law, Comparative Law , Criminal Law and Criminal Procedure Law, Public International Law