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date: 25 August 2019

Abstract and Keywords

This chapter examines the issue of excluding wrongfully obtained evidence by a trial court. Two events must occur for this issue to arise: wrongful procurement of evidence and the step taken by the relevant official (prosecutor or investigating judge) to adduce the evidence at the trial or, in civil law systems, to include the evidence in the dossier for the trial court. The chapter first considers three lines of objection with respect to wrongfully obtained evidence: exclusion grounded in objections to police misconduct in procuring the evidence; exclusion grounded in objections to the prosecution using wrongfully obtained evidence to discharge its burden of proof; and exclusion grounded in objections to the court relying on wrongfully obtained evidence in reaching or justifying a conviction. The chapter proceeds by discussing the legal mechanisms by which wrongfully obtained evidence is excluded and the major factors that are deemed relevant in deciding on exclusion.

Keywords: wrongfully obtained evidence, exclusionary rules, police misconduct, prosecution, burden of proof

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