This rule is designed to deter law enforcement from conducting illegal searches and seizures and to protect defendants’ rights.定义:非法证据排除规则是一种法律原则,规定通过违反刑事被告的宪法或法定权利获得的证据在审判中不可接受。这一规则旨在阻止执法人员进行非法搜查和扣押,并保护被告的权利。Example:If ...
This article explores the role of the exclusionary rule for improving the level of law enforcement. In a setup in which the enforcement authority and the offender choose effort levels in a struggle to influence the probability of detection, exclusion of excessive evidence can be welfare-improving ...
exclusionary rule- a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct rule of evidence- (law) a rule of law whereby any alleged matter of fact that is submitted for investigation at a judicial trial is es...
a非法证据排除规则(the exclusionary rule)通常指执法人员及其授权的人员通过非法方法所收集的证据不得在刑事审判中采纳。 [1]这个规则于20世纪初产生于美国,后来逐渐为其他国家和联合国公约所采纳。 The illegal evidence elimination rule (the exclusionary rule) usually refers to the law enforcement officials and...
This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People’s Court in China, with his special experience of direct participation in the design of the ...
The exclusionary rule is the most controversial rule in all of criminal law. The basic federal and state" remedy" for unlawful police activity, 1 it has been criticized sharply and vigorously as an ineffective remedy, 2 a hindrance to law enforcement efforts against crime, 3 aGoodpaster, Gary...
The United States Supreme Court established the exclusionary rule in order to deter law enforcement officers from conducting illegal searches and seizures. By excluding illegally seized evidence, the Court looked to provide American citizens with a remedy to uphold their Fourth Amendment rights. Tradition...
A judicially created rule to protect an individual's US constitutional Fourth Amendment rights, the exclusionary rule excludes evidence in criminal trials that has been obtained as a result of unreasonable searches and seizures by federal and state law enforcement. Any evidence, regardless of the sev...
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China to formulate judicial exclusionary rule of illegal evidence---China will formulate and issue a judicial interpretation on the throwing out of illegally-obtained evidence.