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Evidence Commons

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Exclusionary rule

Washington and Lee University School of Law

Articles 1 - 3 of 3

Full-Text Articles in Evidence

Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf Jan 2008

Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf

Washington and Lee Law Review

This Article examines whether there should be exceptions to the international exclusionary rule for evidence obtained by torture, and if so, how those exceptions should be crafted to avoid abuse. Rather than explore the question in the hotly debated milieu of terrorist prosecutions, this Article analyzes and critiques three possible exceptions to the torture evidence exclusionary rule in the context of whether the newly established U.N. Cambodia Genocide Tribunal should admit evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility: (1) that the exclusionary rule should not apply to evidence …


Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii Sep 1996

Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii

Washington and Lee Law Review

No abstract provided.


Reverse Silver Platter: Should Evidence That State Officials Obtained In Violation Of A State Constitution Be Admissible In A Federal Criminal Trial? Sep 1988

Reverse Silver Platter: Should Evidence That State Officials Obtained In Violation Of A State Constitution Be Admissible In A Federal Criminal Trial?

Washington and Lee Law Review

No abstract provided.