Exclusionary Rule on Criminal Procedure (By Emphasis on American Law)

Document Type : Research Paper

Authors

1 University of allameh

2 student

Abstract

Protecting rights of accused in a fair trial necessitates the obtained evidence in criminal procedure be according to the rules and the law. The principle of lawful evidence is accepted as a rule in American law as well as in Iranian law in certain cases to make sure that the principle of lawful evidence observed, in addition to other sanctions have mentioned inadmissible investigation and excluding the evidence providing rules have not been observed. The exclusionary rule states that any evidence which obtained by police or judicial officers illegally is not admissible. In American law the “exclusionary rule” and “the fruit of poisonous tree” have been predicted in case of violation of the fourth amendment (guarantee against unreasonable search and seizure). The first rule includes primary evidence in violation of rule of law and the second doctrine states that once the primary evidence (the tree) is shown to have been unlawfully obtained, any secondary evidence (the fruit) derived from it is also inadmissible. It should be noted that both of them are judge-made rules. Judicial precedent not only influence the territory of these theories but also exceptions of the rules.
 

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References

16.Acker, James and Brody, David(2004), Criminal Procedure A contemporary perspective, second edition, Jones and Bartlett Publishers.
17.Alschuler, Albert(2008), Studying the Exclusionary Rule:An Empirical Classic, University of Chicago School Chicago Unbound, Volume 75, Number 4, PP. 1365-1384.
18.Ball, Edna F(1978),
Good faith and the fourth amendment: the reasonable exception to the ezclusionary rule, Journal of Criminal law and Criminology , Volume1978, Issue 4,PP.635-657.
19. Bransdorfer, Mark S(1987),
Miranda Right-to-Counsel Violations and the Fruit of the Poisonous Tree doctrine, Indian law Journal,Volume 62, Issue 4, pp. 1061-1100.
20. Campbell Black ,M.A, Henry(1968) ,Black’s law dictionary, fifth edition, USA, ST. PAUL, MINN. West publishing Co.
21.Del Carmen, Ronaldo V. (2008), Criminal Procedure
: law and practice, eight edition, Wadsworth Cengage Learning publishing.
22. Ferdico, John N; Fradella , Henry F; Totten, Christopher D (2009), criminal procedure for the criminal professional, tenth edition, Wadsworth cevgage learnig..
23.Hall, E .Daniel(2009),
Criminal law and procedure, fifth edition, Delmar Cengage Learning Publisher.
24. Jensen, D. Lowell; Hart, Rosemary(1982),
The Good Restatement of the Exclusionary Rule, Journal of Criminal Law and Criminology, Volume 73,Issue 3, pp916-938.
قاعده بطلان دلیل در دادرسی کیفری(با تاکید بر حقوق آمریکا) 267
25.Kaminski, Daniel W(2010),
Conclude to the exclude: The exclusionary rule’s role in civil forfeiture, Seventh circuit review, Volume6, Issue 1, pp.268-307.
26. Lafave, Wayne R(2009),
The smell of herring: A critique of the supreme court’s latest assault on the exclusionary rule, Journal of Criminal law and Criminology,Volume 99, Issue3, pp.757-787.
27.Oakst, Dallin H(1970),
Studying the Exclusionary Rule in Search and Seizure, The University of Chicago Law Review, Vol 37, No 4, pp 665-757.
28. Paulsen, Monrad G(1961),
The Exclusionary Rule and Misconduct by the Police, Journal of Criminal Law and Criminology, Volume 52, Issue 3, p 255-265.
29. Scheb, John M; Scheb ll, John M (2012), Criminal procedure, six edition, USA, Wadsworth..
30. Sunderland, Lane(1978),
 The exclusionary rule: A requirement of constitutional principle, Journal of Criminal Law and Criminology, Volume 69, Issue 2, pp.141-159.

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