Do We Eat Apples from a Poisonous Tree?

2017. február 05. 17:37 - Gord.ius

Part III. - Constitutional and Extra-Constitutional Approaches to Exclusionary Rules in Europe

Is exclusion of evidence considered a Trojan Horse in Europe? Do we really need to live by ancient wisdom and beware all Greeks bearing gifts, even they are in the form of forward-looking constitutional rules? Through an overview of European constitutions, we shall have a look at how differently…

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Do We Eat Apples from a Poisonous Tree?

2017. január 30. 08:00 - Gord.ius

Part II. - The Typology of “Tainted” Evidence – Based on the American Experience

What does the Bible have to do with the exclusion of evidence? While the question might sound perplexing, the answer is simple. The “fruit of the poisonous tree” is tainted, therefore it is forbidden. Whomever offers it, shall be cast out of Eden. The Eden of the courtroom. In the following, we…

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