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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.
This edited collection provides an in-depth account of the history
of key developments in transnational criminal law. While the
history of international criminal law is now a much written about
topic, the origins of most modern transnational criminal laws are
not well understood. Histories of Transnational Criminal Law
provides for the first time a set of legal histories of state
efforts to combat and cooperate against transnational crime. With
contributions from a group of word-leading experts, this edited
volume traverses a range of topics, beginning with the normative,
intellectual, and institutional histories of transnational criminal
law. It then moves to the histories of specific transnational
crimes ranging across eras from piracy to cybercrime, and finishes
by examining jurisdiction, modes of liability, different forms of
procedural cooperation, and the predicament of the individual in
transnational criminal law. The book highlights specific issues and
how they have been resolved, in the loose assemblage of norms,
institutions, and practices that constitutes transnational criminal
law.
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