Repeat The Exclusion Of Pre-trial Confessions Research

The exclusionary rule in place, the exclusion of pre-trial confession repeated problemssurfaced. Pretrial confession repeated troubleshooting refers to a particular department tortureconfessions obtained with the same or similar content confession of how to deal with afollow-up question, is adopted as a separate statement, or as a confession by torture andaffected be excluded.From a human rights protection, the real discovery, and for curbing the illicit acts takethe perspective of pretrial repeated confessions should be excluded. Exclude specific pre-trialconfession repeated circles are mainly based on three perspectives, namely,"the fruit of thepoisonous tree" theory, evidence of illegal behavior theory and the continuing impact of theeffectiveness of torture and other illegal methods "and other illegal methods." Combined withthe experience of comparative law, evidence of illegal acts that affect the effectiveness of thecontinuing exclusion theory as a basis for pre-trial confession repeated more appropriate. Onhow to exclude duplicate confession, through all the exclusions and selective exclusionperspective analysis, I believe that the partial exclusion say more reasonable. Decide whetherto repeat the confession should be excluded from the standard can only be a discretionaryflexibility of standards, that torture and other illegal acts and the causal relationship betweenrepeated confessions. Excluded after repeated confession or a judge investigating authoritiesshould be allowed to re-forensics, but subject to certain restrictions. Affect whether repeatedconfessions mining factors include two aspects, one is the severity of torture and other illegalmethods, on the other hand is the dilution degree. In terms of procedure, the Department findsconfessions obtained through torture and other illegal methods of, you should repeat theconfession directly presumed torture and other illegal methods is made under the influence.To use the prosecution repeated confession, confession and the need to provide evidence thatthe repeated torture and other illegal methods there is no causal relationship. Finally, theauthors analyzed exclude duplicate confessions obtained relief procedures involved in threecases.Eliminate duplicate confession may encounter many obstacles, but overall, many aspectsneed to follow the trial judge on the basis of the concept of neutrality discretion to freely usejudgment, need to maintain the independence of judges judicial justice.