法律英语词汇“exclusionary rule”的翻译、意思、用法、释义-法律词典

单词

exclusionary rule

释义

exclusionary rule

exclusionary rule in the law of evidence, the practice of allowing the court a discretion to exclude evidence technically admissible but that has a prejudicial effect out of proportion to its evidential value: see R

v. Sang [1980] AC 402. The rule in its strict sense often applies to questions of ADMISSIBILITY of certain statements, particularly admis- sions and confessions, and thus the two issues are considered here. The same twin issues apply to REAL EVIDENCE. In England, a court may reject a statement unless it can be shown that it was not obtained by oppression or obtained in circumstances making it unre- liable: R v. Mason [1988] 1 WLR 139. In determining these issues,

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exclusion order

JUDGES' RULES have given way to the Police and Criminal Evidence Act 1984, which defines oppression as including torture, inhuman or degrading treatment and the use of threat of violence (whether or not amounting to torture). The Police and Criminal Evidence Act 1984 requires the prosecution, if called upon to do so, to prove BEYOND A REASONABLE DOUBT that a confession was not obtained by oppression of the person who made it or as a result of anything that might make it unreliable.

In Scotland the issue is one of fairness – fairness to the accused and to the public interest. This requires a voluntary confession to be made by the accused while all the time understanding what was transpiring. While the police in Scotland may keep asking questions and probing, they should not bully or pressure the accused. The exclusionary rule in the strict sense mentioned above allows state- ments that do not exhibit any special vice, but taken as a whole seem unfair, to be excluded: Lord Advocate's Reference (No. 1 of 1983). In the landmark decision of Chalmers v. HMA 1954 JC 66, the High Court held that unfairness may be of such a degree that not only is the statement inadmissible, a whole line of evidence may be so taint- ed that it has to be excluded as well. This is most apparent in the case of invalid warrants or warrants that are used to recover property beyond their ambit. The vitiation of the warrant can prevent the evi- dence acquired being admissible.

In relation to confessions, improper procedure by the police or

other investigating officials may render the evidence acquired inad- missible. The general approach was adopted by the US Supreme Court in two landmark decisions. Firstly, in Escobedo v. Illinois 378 US 478 (1964) the fruit of the poisonous tree doctrine was applied to exclude evidence that was obtained as a result of a constitutional vio- lation. Later, in Miranda v. Arizona, 384 US 436 (1966), evidence was declared to be admissible only if the suspect was informed of certain rights: the right to remain silent; that anything he says can be used against him in court; that he has a right to consult with a lawyer and to have him present during interrogation and that if he cannot afford a lawyer, one will be provided. The rights may be waived.

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