Law Commons^™

Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang

Maurer Theses and Dissertations

Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.

This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …

The Exclusion Of Improperly Obtained Evidence At The International Criminal Court: A Principled Approach To Interpreting Article 69(7) Of The Rome Statute, Michael Madden

LLM Theses

This thesis examines article 69(7) of the Rome Statute, which creates an exclusionary rule for improperly obtained evidence at the International Criminal Court (ICC). Ultimately, the thesis proposes how the ICC should interpret its exclusionary rule. The thesis discusses the theory underlying exclusionary rules, the evidence law and remedial law contexts within which exclusionary rules operate, and numerous comparative examples of exclusionary doctrine from within national criminal justice systems. Finally, some unique aspects of international criminal procedure are described in order to demonstrate how an international exclusionary rule might need to differ from a domestic rule, and previous jurisprudence relating …