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Evidence Commons

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Law Enforcement and Corrections

University of Michigan Law School

Journal

Seizures

Articles 1 - 3 of 3

Full-Text Articles in Evidence

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley Jan 1993

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Michigan Journal of International Law

This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.


Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy Apr 1989

Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy

Michigan Law Review

The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …


Watching The Judiciary Watch The Police, Jon O. Newman Mar 1983

Watching The Judiciary Watch The Police, Jon O. Newman

Michigan Law Review

A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press