Ius Gentium: Comparative Perspectives on Law and Justice
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Do Exclusionary Rules Ensure a Fair Trial?

A Comparative Perspective on Evidentiary Rules

Editors: Gless, Sabine, Richter, Thomas (Eds.)

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  • 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
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  • ISBN 978-3-030-12520-2
  • This book is an open access book, you can download it for free on link.springer.com
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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.

About the authors

Dr. Sabine Gless teaches criminal law, criminal procedure and international criminal law at the University of Basel, Switzerland. She has conducted extensive comparative research in the area of criminal procedure, with a focus on evidence law and international cooperation. In both areas, human rights and issues concerning the exclusion of evidence have been at the centre of her research interests. More recently she covers topics related to the use of robots in criminal justice systems.  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). His research interests include criminal law, human rights law and environmental law in East and South-East Asia, especially in China.

Table of contents (12 chapters)

Table of contents (12 chapters)
  • Introduction

    Pages 1-11

    Gless, Sabine (et al.)

  • The Potential to Secure a Fair Trial Through Evidence Exclusion: A Swiss Perspective

    Pages 15-60

    Macula, Laura

  • The Potential to Secure a Fair Trial Through Evidence Exclusion: A German Perspective

    Pages 61-92

    Weigend, Thomas

  • Regulating Interrogations and Excluding Confessions in the United States: Balancing Individual Rights and the Search for the Truth

    Pages 93-129

    Turner, Jenia Iontcheva

  • The Potential to Secure a Fair Trial Through Evidence Exclusion: A Taiwanese Perspective

    Pages 131-161

    Lin, Yu-Hsiung (et al.)

Buy this book

eBook  
  • ISBN 978-3-030-12520-2
  • This book is an open access book, you can download it for free on link.springer.com
Hardcover 51,99 €
price for Spain (gross)
Softcover 51,99 €
price for Spain (gross)
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Bibliographic Information

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
Series Volume
74
Copyright
2019
Publisher
Springer International Publishing
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-3-030-12520-2
DOI
10.1007/978-3-030-12520-2
Hardcover ISBN
978-3-030-12519-6
Softcover ISBN
978-3-030-12522-6
Series ISSN
1534-6781
Edition Number
1
Number of Pages
XV, 380
Number of Illustrations
3 b/w illustrations, 1 illustrations in colour
Topics