The Purposes and Functions of Exclusionary Rules: A Comparative Overview

Jenia Iontcheva Turner · Thomas Weigend

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Criminal Law and Evidence Legal processes and jurisprudence Comparative and International Law Studies

Abstract

The chapter analyzes the rationales for excluding relevant evidence with the aim of establishing the ideal type of exclusion system for each rationale. The authors then review to what extent individual legal systems have actually altered their legal rules in accordance with these ideal systems. An investigation into whether or not there are any consistent relationships between the ideal systems and proclaimed rationales is conducted. The structure of various exclusionary rules is also explored, as are other factors that may influence the law and practical application of such rules.

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2012The Internationalisation of Criminal Evidence 2012The Internationalisation of Criminal Evidence: Beyond the Common Law and Civil Law Traditions 2010Controlling Abuse to Maintain Control: The Exclusionary Rule in China

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2021Exclusion without trial? Exclusion of evidence and abbreviated procedures

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