© 2013

Exclusionary Rules in Comparative Law

  • Stephen C. Thaman
  • The only comparative study on this topic covering so many countries

  • Highlights that this a world-wide rather than US legal phenomenon

  • Of interest to a broad audience of comparativists, criminal justice and human rights specialists


Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 20)

Table of contents

  1. Front Matter
    Pages i-xv
  2. The Vicissitudes of Court-Made Exclusionary Tests

    1. Front Matter
      Pages 1-1
    2. Arnaud Cras, Yvonne Marie Daly
      Pages 33-68
    3. Findlay Stark, Fiona Leverick
      Pages 69-91
    4. Rinat Kitai Sangero, Yuval Merin
      Pages 93-111
  3. From Nullities to Statutory Exclusionary Rules in Continental Europe

  4. The Fair Trial Test for Exclusion

About this book


This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion.  No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a  world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty  to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other,  most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. 

The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.


Admissibility Balancing Categorial Nullities Categorical Exclusion Cautious Exclusion Comparative Law Cost-Benefit-Balancing Criminal Justice Criminal Procedure Law Criminal Trial European Court of Human Rights Exclusionary Rule Exclusionary Tests Fair Trial Human Rights Human Rights IACL Illegally Gathered Evidence Inconsistent Case Law International Academy of Comparative Law Non-Usability Nullities Physical Evidence Privilege Against Self-Incrimination Probative Evidence Procedural Nullities Protected Constitutional Interests Relevant Evidence Remedies Right to Privacy Statutory Nullities Violoation of Constitutional Rights

Editors and affiliations

  • Stephen C. Thaman
    • 1
  1. 1., School of LawSaint Louis UniversitySt. LouisUSA

Bibliographic information

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