Exclusionary Rule

Authors

  • Javier Mijangos Suprema Corte de Justicia de México

Keywords:

Procedural guarantees, deterrent effect against illegal police activity, 4th and 5th Amendments

Abstract

This work analyses the evolution of the Exclusionary Rule doctrine in the US Supreme Court’s case law. This doctrine prevents prosecuter to present in trial evidences illegally obtained by police or other government agencies and the paper evaluates its advantages and disadvantages. Finally, it develops a comparative analysis of this doctrine and Spanish Constitutional Court case law.

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Published

2014-09-19

Issue

Section

Voices on Lawfulness

How to Cite