Exclusionary Rule in UK Law
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Overruling the protectionist exclusionary rule
In April 2015 the Irish Supreme Court held, in DPP v JC, that the rather strict exclusionary rule relating to unconstitutionally obtained evidence which had operated in that jurisdiction for the pa...
- Empowering the Exclusionary Rule: Using suppression motion data to improve police searches and searches in the United States
- Miranda Exclusionary Rule Re-Affirmed: US v Dickerson
- The Scope of Appeals to the Irish Supreme Court under s. 23 Criminal Procedure Act 2010 and the Exclusionary Rule
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Exclusion of illegally obtained confessions in China
The exclusion of illegally obtained evidence has long been the focus of theoretical research and legislative reform in China. After years of efforts, the exclusionary rule has finally found a footh...... ... After years of efforts, the exclusionary rule has finally founda foothold in Chinese statute. However, after the ... ...
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Pure Economic Loss in Negligence: Has England got it wrong? Does Australia have it right?
The exclusionary rule regarding recovery for pure economic loss in negligence in England has been the subject of academic debate for a long time. The law of negligence in England has developed in s...... ... Marilena Stylianou ... The exclusionary rule regarding recovery for pure economic loss in negligence in England ... ...
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The legal structure of propensity evidence
The law excluding and admitting evidence of defendants’ other misconduct has long been regarded as overly complex across the common law world. Various reforms have been tried through case law and l...... ... provides a close examination of different forms of the exclusionary rule and admissi-bility tests, the laws policy goals, the regulated ... ...
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‘Face to Face’: Rediscovering the Right to Confront Prosecution Witnesses
The Sixth Amendment to the United States Constitution protects the right of an accused ‘to confront the witnesses against him’. The United States Supreme Court has treated this Confrontation Clause...... ... this Confrontation Clause as a broad but rathereasily rebuttable rule against using hearsay on behalf of a criminal prosecution;with respect to most hearsay, the exclusionary rule is overcome if the court ispersuaded that the statement is ... ...
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Electoral violence and the legacy of authoritarian rule in Kenya and Zambia
Why do the first multiparty elections after authoritarian rule turn violent in some countries but not in others? This article places legacies from the authoritarian past at the core of an explanati...... ... We argue that authoritarian rule characterized by more exclusionary multi-ethnic coalitions creates legacies that amplify the risk of violent elections during the shift to multiparty politics.Through competitive and ... ...
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Excluding Evidence Illegally Obtained: American Idiosyncracy and Rational Response to Social Conditions
... ... AND RATIONAL RESPONSB TO SOCIAL CONDITIONS TEE American rule forbidding use of illegally obtained evidence to secure ... Ohio, which imposed the exclusionary rule on the states as a matter of federal constitutional law ... ...
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