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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.
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.
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