Criticism And Reference On The Exclusionary Rule In The United States And The England

The paper first defines Exclusionary Rules as a set of guidelines which dicate that evidence of guilt obtained illegally will be excluded from being heard in criminal trials. In the united states,there are three explantions on the foundation of the Exclusionary Rule:the judicial integrity; deterrent from the illegal police or goverment conduct; constitutional remedy. The paper consider the main purpose of the Exclusionary Rule is to protect the human rights and limit the power through detering police and government misconduct. The Exclusionary Rule was first established in the court of the United States. Then England also established his Exclusionary Rule . Both of the two countries are more typical than other countries. After a brief overview of the developments in the Exclusionary Rule in the United States and in the England, the paper find the development of the rule in the united states differs from the England.Then the paper introduce comparatively the basic content of the Exclusionary Rule of the united states and the England. Also the paper introduce the doctrine of the fruit-of-the-poisonous-tree and some exceptions of the derivative evidence. And the paper gives a reference to the limitations on the Exclusionary Rule,such as "good faith" exception,impeachment exception,and so on. The paper also present the operating procedure including the problem of standing,the time to suit,and the problem of the standard of provement. The author consider the human rights protection is the main function than other deterrence or judicial integrity of the Exclusionary Rule. The author insist that the theory of human rights protection can also solve the contradictions between the due process and substantial process, judicial fariness and judicial efficiency.The author analyze the situation of the China's legislation about the criminal procedure ,and make an assay of judicial conditions of China. Based on the former analysis, the author point out that we should adopt the discretionary exclusion manner like the England other than the mandatory exclusionary manner like the United States. The juge determines whether to exclude the physical evidence or not,but the testimonial evidence should be excluded compulsively. The author also point out we should establish some exception to limit the expanding of the Exclusionary Rule in china, such as public safety exception. In order to improve the human rights protection level, the paper recommend that it is important to establish the interrelated system of such components as right of silence,right to counsel,investigation detached from detention, and state compensation system.