On the Exclusion of Evidence: Theory and Practice in American Law

Author: Lin Huixiang
Publisher:
Publishing Time:
Features: This book focuses on the origin of the exclusionary rule—American legal system—as its research center, divided into seven parts:
Chapter 1: Introduction;
Chapter 2: A historical account of the exclusionary rule;
Chapter 3: A detailed discussion of the specific applications of the exclusionary rule, including the exclusion of evidence obtained through illegal searches and seizures, the exclusion of evidence from unlawful communications surveillance, the exclusion of evidence from unlawful confessions, the exclusion of evidence from violations of the right against compelled self-incrimination and related prohibitions, and the exclusion of evidence from violations of due process;
Chapter 4: An elaboration on the application and limitations of the fruit of the poisonous tree theory, i.e., the exclusion of derivative evidence and its exceptions;
Chapter 5: An analysis of the application of the exclusionary rule in other ancillary procedures;
Chapter 6: An examination of the standing of parties in exclusion of evidence;
Finally, a summary is provided, outlining the exclusion of evidence in U.S. criminal trials from theoretical development to practical operation, in a concise and systematic yet accessible manner. The book is particularly enriched with vivid and striking examples or controversial case studies for explanation. Additionally, the appendix compiles relevant important judgments of the U.S. Supreme Court for reference, aiming to enhance readers' interest in reading while also helping them better understand the complexities of various theories. It is hoped that readers will gain a deeper insight into how U.S. courts balance competing legal interests. Each annotation is meticulously referenced to ensure the arguments are well-supported, and relevant points are selected to provide clearer guidance for the appropriate application of Taiwan's newly enacted exclusionary rule by investigators and judges in Taiwan.