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Exclude Evidence You Exclude Justice’? A Critical Evaluation Of Israel’S Exclusionary Rule After Issacharov, Binyamin Blum 2010 UC Law SF

Exclude Evidence You Exclude Justice’? A Critical Evaluation Of Israel’S Exclusionary Rule After Issacharov, Binyamin Blum

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'Fruits Of The Poisonous Tree' In Comparative Law, Stephen C. Thaman 2010 Saint Louis University School of Law

'Fruits Of The Poisonous Tree' In Comparative Law, Stephen C. Thaman

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This article gives a brief review of the types of exclusionary rules articulated in modern codes, constitutions, and jurisprudence, and explores how these rules are interpreted when excluding the derivative “fruits” of constitutional violations of the right to silence and human dignity during police interrogations and the right to privacy in one’s home and confidential communications. It shows, whether a country begins with a seemingly airtight categorical exclusionary rule for serious constitutional violations, or allows judges great discretion in deciding whether to use fruits of unconstitutional police behavior, the search for truth has largely triumphed over constitutional rights. As a …


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