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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Do We Eat Apples from a Poisonous Tree?

2017. január 22. 21:56 - Gord.ius

The Exclusion of Illegally Obtained Evidence and Comparative Constitutional Law - Part I.

  How were the seeds of the “poisonous tree” planted in the practice of the Supreme Court of the United States? How did this tree yield a fruit that is just as poisonous? Poisonous, that is to the justice system. In other words: How was the exclusionary rule created, and why is it important for us…

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Ethnic profiling: a real problem in an unreasonable world

2016. december 16. 12:47 - mesmessi

On 5th July 2016, Alton Sterling, a 37 year-old black man, was fatally shot several times after being tackled to the ground by two white police officers in Baton Rouge, Louisiana. On 6th July 2016, Philando Castile, a 32 year-old black man, was fatally shot several times after being pulled over by a…

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