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