The Purposes and Functions of Exclusionary Rules: A Comparative Overview

Authors

Jenia I. Turner, Southern Methodist University, Dedman School of LawFollow
Thomas Weigend, University of Cologne, Cologne, Germany

ORCID (Links to author’s additional scholarship at ORCID.org)

Jenia Turner: https://orcid.org/0000-0001-8474-9171

Abstract

The chapter analyzes the rationales for excluding relevant evidence with the aim of establishing the ideal type of exclusion system for each rationale. The authors then review to what extent individual legal systems have actually altered their legal rules in accordance with these ideal systems. An investigation into whether or not there are any consistent relationships between the ideal systems and proclaimed rationales is conducted. The structure of various exclusionary rules is also explored, as are other factors that may influence the law and practical application of such rules.

Publication Title

Do Exclusionary Rules Ensure a Fair Trial? A Comparative Perspective on Evidentiary Rules

Document Type

Book Chapter

Keywords

Exclusionary Rules, Quo Vadis

Recommended Citation

Jenia Iontcheva Turner and Thomas Weigend, The Purposes and Functions of Exclusionary Rules: A Comparative Overview in Do Exclusionary Rules Ensure a Fair Trial? A Comparative Perspective on Evidentiary Rules (Sabine Gless and Thomas Richter, eds., Springer 2019)