Exclusion without trial? Exclusion of evidence and abbreviated procedures

Abstract

Many legal systems have adopted rules that lead to the exclusion of evidence that has been obtained in violation of procedural rules. Exclusion normally occurs before the trial begins or even during trial. However, the majority of criminal cases are today not resolved through a full trial but by some kind of abbreviated procedure, e.g., through a guilty plea or a written penal order. In this article, the author claims that exclusionary rules should, by and large, also apply in such abbreviated proceedings. Practical obstacles could be overcome by a more active involvement of defense counsel in abbreviated proceedings.

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