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Comparative analysis of exclusionary rules in the United States, England, France, Germany, and Italy

Comparative analysis of exclusionary rules in the United States, England, France, Germany, and Italy The exclusionary rule remains one of the most controversial doctrines in America’s constitutionalized criminal procedure. Jurists and commentators criticize the American exclusionary rule as a rule unique to American jurisprudence. Though American jurists and commentators’ criticism focuses on the Fourth Amendment exclusionary rule, the criticism of the American exclusionary rule with reference to practices in foreign countries serves to create and maintain the misconception that the United States is the only country that has the exclusionary rule. The belief that the exclusionary rule exists only in the United States is far from accurate. This article examines the historical development and the current status of exclusionary rules in the United States, England, France, Germany, and Italy. Attentions are especially devoted to analyzing the characteristics of the American exclusionary rule with reference to exclusionary rules in other countries. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Policing: An International Journal of Police Strategies & Management Emerald Publishing

Comparative analysis of exclusionary rules in the United States, England, France, Germany, and Italy

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Publisher
Emerald Publishing
Copyright
Copyright © 1999 MCB UP Ltd. All rights reserved.
ISSN
1363-951X
DOI
10.1108/13639519910285053
Publisher site
See Article on Publisher Site

Abstract

The exclusionary rule remains one of the most controversial doctrines in America’s constitutionalized criminal procedure. Jurists and commentators criticize the American exclusionary rule as a rule unique to American jurisprudence. Though American jurists and commentators’ criticism focuses on the Fourth Amendment exclusionary rule, the criticism of the American exclusionary rule with reference to practices in foreign countries serves to create and maintain the misconception that the United States is the only country that has the exclusionary rule. The belief that the exclusionary rule exists only in the United States is far from accurate. This article examines the historical development and the current status of exclusionary rules in the United States, England, France, Germany, and Italy. Attentions are especially devoted to analyzing the characteristics of the American exclusionary rule with reference to exclusionary rules in other countries.

Journal

Policing: An International Journal of Police Strategies & ManagementEmerald Publishing

Published: Sep 1, 1999

Keywords: USA; Law; Crime; England; France; Germany; Italy

References

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