CEU Electronic Theses and Dissertations, 2012
| Author | Ramanenka, Volha |
|---|---|
| Title | RESTRICTIONS ON ADMISSIBILITY OF IMPROPERLY OBTAINED EVIDENCE IN CRIMINAL TRIAL |
| Summary | Protection of human rights during criminal investigation is a crucial issue for the criminal justice system, because serious human rights violations are committed by law enforcement officials during the process of obtaining evidence. In such circumstances shall a court refuse to accept improperly obtained evidence in order to avoid wrongful conviction and to preserve fair proceedings? The object of this thesis is improperly obtained evidence. The purpose of this dissertation is to analyze the criteria for admissibility of improperly obtained evidence, which in numerous cases plays a crucial role for determination of guilt or innocence of the accused. For achievement of the purpose of the thesis a comparative analysis of jurisdictions of the United States, the United Kingdom together with the jurisprudence of the European Court of Human Rights is conducted by the author for determination of significant legal gaps in application of the exclusionary rule to improperly obtained evidence in cases of use of coercion and privacy violations. Based on the obtained results the author comes to the conclusion that the fact that European approach is different from American position on admissibility of unlawfully obtained evidence does not mean that the principle of integrity of the criminal justice system is breached. The research demonstrates that application of the exclusionary rule to improperly obtained evidence is significantly important for preservation of victims’ interests and for establishing of deterrent effect for the police malpractice. The author concludes that combination of European and American approaches by applying the balancing test between the deterrent benefits of the exclusionary rule together with victim’s interests and the relevance of improperly obtained evidence would best protect the fundamental rights of the suspect. |
| Supervisor | Ng, Gar Yein |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/ramanenka_volha.pdf |
Visit the CEU Library.
© 2007-2021, Central European University