Font Size: a A A

United States Historical Investigation On The Exclusionary Rule Of Illegally Obtained Evidence

Posted on:2015-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z L ZhangFull Text:PDF
GTID:2296330467467963Subject:History of the rule of law
Abstract/Summary:PDF Full Text Request
Exclusionary rule first appeared in the United States, which gives the defendant the rightto ask the court to exclude illegally obtained evidence, while the law of evidence as evidenceof a later rule appeared, her birth and development is closely linked with the struggle forhuman rights. Since the establishment of the rule so far, has been accepted by most countriesin the world, in many countries the judiciary has become an important means of safeguardingindividual rights. Exclusionary rule reflects the strong desire of ordinary citizens in the rule oflaw against the state power to protect their own interests, reflecting the relationship betweenthe government and individuals throughout society. Moreover, the country in2012officiallychanged the " Criminal Procedure Law of the People’s Republic of China ", which modify therule excluding illegally obtained evidence is the most interesting part. Thus, by the Americanexclusionary rule combing history, helps us better understand and apply this rule.Article is divided into five parts:The first part of the meaning of the U.S. illegal evidence exclusion rules and causes.Currently academic interpretation of illegal evidence exclusion rules vary, fully understandthe " illegal""illegal evidence"" exclusionary rule " based on the author gives his ownunderstanding. Meanwhile, the U.S. exclusionary rule first appeared in the United States,there must not be used at other countries, summed up: historical and cultural reasons, thereasons for the political system, structural causes of action.The second part is the USA, Africa and France established the exclusionary rule.Definitely not form any rules system overnight, there must be a unique development process,the United States of illegal evidence exclusion rule is no exception. Independence from theUnited States to1886, although the United States has issued a " bill of rights " and other lawsand regulations aimed at protecting human rights, but the court did not realize that exclusionof illegal evidence in criminal trials, just to give civil remedies; thereafter as Boyd case,Wicks case appears to exclude illegally obtained evidence the court more and more attention,especially after the Wicks case, the exclusionary rule has been formed in the federal courts.The third part is the development of American Illegal exclusionary rule. Although theU.S. Federal Court established the exclusionary rule, but because independent state andfederal courts, state courts do not apply this rule, which applies to this end has left a gap in the rules; exclusionary rule is not just for exclusion of physical evidence, testimonialevidence and the " fruit of the poisonous tree " is also excluded from the development of itsobject.The fourth part is the USA, Africa and France have been hit the exclusionary rule andchallenges. American, Africa and France exclusionary rule different from that day onwardson Criticisms formally established on its path of development has never had to get rid ofcriticism and controversy. Especially since the implementation of the rules to exclude theimpact of the crime on the control, causing public discontent; Meanwhile, the " terrorism" offlooding, but also makes people to rediscover this rule, which led to this rule appliesrestrictions.The fifth part inspiration for the United States of illegal evidence exclusion rule to China.By combing the USA, Africa and France exclusionary rule development process, comparedto the current exclusion of illegal evidence discussed, I believe that giving perfect in terms ofhistory and culture for the purpose, structure and other litigation is more appropriate.
Keywords/Search Tags:American, Illegal ewidence, Exclusionary rule
PDF Full Text Request
Related items