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 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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