The Exclusionary Rule of Evidence: Comparative Analysis and by Kuo-hsing Hsieh

By Kuo-hsing Hsieh

This groundbreaking monograph asserts the necessity for the institution of an exclusionary rule of facts in China as a method of shielding the folk from police wrongdoing. the writer skilfully explores the principles and advancements of the exclusionary rule within the united kingdom and united states, assessing the rule of thumb from a comparative point of view and illuminating a few concerns which can come up in shifting the guideline from one felony procedure to a different. Divided into components, the 1st half discusses classes from the previous, and offers an in-depth exam of the advance of the exclusionary rule within the united kingdom and united states, masking rationales, debates and the theoretical beginning of the exclusionary rule within the constitutional context. the second one half appears to the longer term and the institution of a chinese language exclusionary rule. particularly, it analyses the consequences of police torture, the passive angle of judges and the necessity to determine this kind of rule in perform for destiny safety of human rights. The author's adventure in felony legislations and process let him to adroitly examine an important matters on either theoretical and useful point that's comprehensible to these operating within the parts of human rights, comparative felony process, and the chinese language criminal method.

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1775). 5 1 Leach 115, 168 Eng. Rep. B. 1775) (emphasis added). 6 1 Leach 263–4, 168 Eng. B. 1783). 7 1 Leach 263–4, 168 Eng. Rep. B. 1783). 8 [1914] AC 599. 9 In 1963, Lord Parker asserted that confessions obtained “in an oppressive manner” were inadmissible in Callis v. 10 Between 1972 to 1993, the admissibility of confession evidence was considered by two commissions (or committees). The first was by the Criminal Law Revision Committee of 1972. In 1959, the Conservative Home Secretary created the Criminal Law Revision Committee (CLRC) which later submitted its Eleventh Report in 1972.

See Peter Duff, “Admissibility of Improperly Obtained Physical Evidence in the Scottish Criminal Trial: The Search for Principle” (2004) 8 Edinburgh Law Review 152, 152–3 (analyzing the exclusionary rule in Scotland). 104 It mainly refers to the federal/constitutional law. 105 To date, there is absolutely no analysis of court cases about the exclusionary rule in China. This research will explore the judicial attitudes towards illegally obtained evidence. ), torture was part of the ordinary criminal procedure.

Are there alternatives to the exclusionary rule in practice? 5. Why is the problem of police torture still so serious in China? Should China adopt the exclusionary rule in practice? If the answer is yes, which approach is suitable for China? The arrangement of this study is as follows: this chapter is the introduction to the study, which concerns the problematic trends of the research, and the key issues in this area. The opportunity is taken here for extended discussion and comparison of a variety of work which is much cited, but rarely analyzed in depth.

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