By Kuo-hsing Hsieh
This groundbreaking monograph asserts the necessity for the institution of an exclusionary rule of facts in China as a way of shielding the folk from police wrongdoing. the writer skilfully explores the rules 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 matters which may come up in moving the guideline from one criminal procedure to a different. Divided into components, the 1st half discusses classes from the prior, 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 starting place of the exclusionary rule within the constitutional context. the second one half appears to the long run and the institution of a chinese language exclusionary rule. particularly, it analyses the results of police torture, the passive angle of judges and the necessity to determine this sort of rule in perform for destiny safety of human rights. The author's adventure in felony legislation and process let him to adroitly examine the most important matters on either theoretical and sensible point that's comprehensible to these operating within the components of human rights, comparative felony approach, and the chinese language felony approach.
Read or Download The Exclusionary Rule of Evidence: Comparative Analysis and Proposals for Reform PDF
Similar comparative books
Global Corruption Report 2007: Corruption in Judicial Systems
An exam of ways, why and the place corruption mars judicial techniques.
The Unauthorised Agent: Perspectives from European and Comparative Law
The focal point of this publication, the criminal state of affairs created while an agent acts with out authority, is likely one of the most crucial concerns in organisation legislations. The research is split into 3 sections: obvious authority, ratification and the legal responsibility of the falsus procurator. Adopting a distinct comparative point of view, the contributions are drawn from many various felony platforms, offering the chance for research of the eu universal law/civil legislation divide.
- Comparative Endocrinology of Prolactin
- A Comparative Glossary of Cypriot Maronite Arabic: With an Introductory Essay (Handbook of Oriental Studies)
- Re-imagining the Trust: Trusts in Civil Law
- Economic Aspects of Gambling Regulation: EU and US Perspectives
- Financing East Asia’s Success: Comparative Financial Development in Eight Asian Countries
- An Introduction to Comparative Law Theory and Method
Extra resources for The Exclusionary Rule of Evidence: Comparative Analysis and Proposals for Reform
Example text
The research explores the importance of the rule in the quest for abolishing police torture. This research will begin a conversation between the Chinese criminal justice system and the Anglo-American criminal justice system. I will provide the most suitable approach for the exclusionary rule in China. The second point is this research will make a timely contribution. The timing is perfect. In 2011, I predicted China would adopt the exclusionary rule within a few years and it happened. Over 10 cities and provinces107 have already adopted the confession exclusionary rule according to judicial interpretations.
There is a huge gap between them. As a matter of law, the general rule about non-confessional evidence is that “the test to be applied in considering whether evidence is admissible is whether it is relevant to the matters in issue. ”94 If reliable evidence exists, it would be regrettable not to use it, and to risk the acquittal of a guilty person; why cannot we apply this approach to confessional evidence to obtain more evidence and apprehend more criminals? If an involuntary confession is corroborated and there is no doubt about its trustworthiness, can the criminal justice system make use of it?
123]. 61 The Royal Commission on Criminal Justice, “Report” (Cm 2263, 1993) [36]. 38 The Exclusionary Rule of Evidence an assurance of fairness of trial. 62 It produced tragedies—false confessions carrying life imprisonment or death. The common feature of these miscarriages of justice was that the police used illegal or unfair physical and psychological pressure to secure confessions. Here are some small samples from twentieth-century Britain. From 1970 to 1990, a series of notorious wrongful convictions occurred such as that of Judith Ward, Cardiff Three, Bridgewater Four, Guildford Four, Birmingham Six and Maguire Seven.