The Exclusionary Rule of Evidence Comparative Analysis and Proposals for Reform 1st Edition by Kuo Hsing Hsieh ISBN 147241067X 9781472410672
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Product details:
ISBN 10: 147241067X
ISBN 13: 9781472410672
Author: Kuo Hsing Hsieh
This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights.
The Exclusionary Rule of Evidence Comparative Analysis and Proposals for Reform 1st Table of contents:
1 Introduction
Part I Lessons from the Past: The Anglo-American Exclusionary Rule
2 Evolution and Rationales
3 The Exclusionary Rule Debates
4 Theoretical Constitutional Foundation
Part II Reform for the Future: The Chinese Exclusionary Rule
5 Confessions Obtained by Police Torture
6 The Operation of the Exclusionary Rule
7 Shaping the Exclusionary Rule in Practice
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Tags: Kuo Hsing Hsieh, Exclusionary Rule, Analysis, Proposals