Good faith mistakes and the exclusionary rule

Frank Anechiarico and James B. Jacobs, The Pursuit of Absolute Integrity: How Corruption Control Makes Government Ineffective Chicago: University of Chicago Press, 1996, 274 pp.     

Judicial oversight of policing: investigations, evidence and the exclusionary rule

Police procedures and practices in the investigation of crime are shaped by many things. One particularly important constituent part of the development of investigative procedures and practices is the approach of the courts to the admissibility at trial of evidence obtained in a certain manner. While a judge can only address the specifics of whatever cases are brought before him, the judiciary as a whole have a significant role to play in terms of police accountability and governance through their development and application of any exclusionary rules of criminal evidence. This article examines the judicial oversight of policing by way of the exclusion of improperly obtained evidence at trial. Its central focus is on the development and operation of the exclusionary rule in Ireland, though relevant law in other jurisdictions, including England and Wales, the United States, Canada and New Zealand, is also considered. Particular attention is paid to the recent Irish Supreme Court decision of DPP v Cash, and its ramifications for judicial oversight of policing.     

南非宪法规制下的非法证据排除规则

南非在宪法中规定了非法证据排除规则,这一规则在适用范围、权利主体、规制对象、因果关系等方面都有区别与传统普通法非法证据排除规则之处,规定了"导致审判不公"和"以其他方式妨害司法"两方面的适用要求,并确立了"善意"、公共安全和紧急情况等例外,从而实现了非法证据排除规则的刚性适用和裁量适用相协调.南非由宪法规制的非法证据排除规则对于我国有一定借鉴价值,我国的非法证据排除规则可以从多个方面进行调整,促进该规则的有效适用.     

非自愿性口供的排除规则--从刑讯逼供角度的分析

由于涉及到口供和排除规则这些重要问题,非自愿性口供的排除规则受到了我国学者的普遍关注,但是,现在对该规则本身的研究还不够深入.本文从刑讯逼供的角度出发,对于排除规则中的几个要素,如"刑讯逼供"的含义、排除模式、"毒树之果"规则、排除后果等进行了分析,希望能够加深我们对于该问题的理解.     

论民事诉讼非法证据排除规则

非法证据是否具有证明能力,能否作为定案的依据,是民事诉讼中较为复杂的问题之一,其复杂性集中体现在实体公正与人权保障、程序正当的价值冲突上.虽然我国法律上有禁止非法获取证据的规定,但排除民事诉讼非法证据的规定还不完善,因此,结合我国实际情况,探讨如何完善民事诉讼非法证据排除规则这一问题十分必要.     

A medical model for criminalistics education

The history of medical education during the period of 1870 to 1926 is examined in the context of current issues confronting education in the forensic laboratory sciences. Medical education was radically altered during this period, changing from a rudimentary lecture/apprenticeship system into its modern form. Although the motivating forces had developed over some time, the actual change was quite rapid. By examining how this change occurred, we gain insight into how changes in our own profession might be initiated. Parallels between our current situation and that in medical education 117 years ago include: (1) the primary burden of professional education is borne outside the university in an apprenticeship system, (2) the apprenticeship system is overburdened by a dramatic expansion in the knowledge and skills needed for professional practice, (3) there is no standardized curriculum or accreditation process for educational programs, and (4) there is no educational program that incorporates formal clinical education. Based on this historical analysis, three major goals are proposed: (1) active entreprenurial promotion of professional educational programs by academics, (2) creation of a committee within the American Academy of Forensic Sciences to critique and rate university programs, and (3) the development of a well-defined clinical education program. A model for formalized clinical education in the forensic laboratory sciences is proposed, incorporating clinical professors, student clerkships, and university control over instruction within an operational forensic science laboratory. Benefits from this arrangement include: efficient combination of physical plants, added personnel resources in the laboratory, rapid introduction of research into the laboratory, enhanced prestige for both academics and practitioners, and relief of the laboratory's in-house training burden.     

The administration of remedial education in Spain Origins, influences and present situation

This article examines the regulation of remedial education in Spain that has emerged from a sweeping reform of the educational system, originating from and inspired by constitutional principles and the regulation of the right to an education. The components of this theme display certain similarities with (a) specific programmes in U.S. educational institutions; (b) the English system of priority areas for the improvement of the educational infrastructure and materials, and teacher incentives and (c) the planning, opening, and specific nature of Educational Priority Areas in France. This revised version was published online in August 2006 with corrections to the Cover Date.     

Reviewing the exclusionary principle in English contract law

The exclusionary principle in English contract law is a long established but controversial rule of contractual interpretation. This article considers the jurisprudential origins of the principle and critically analyses judicial justification of the principle. This article also puts forward a case for how the principle can be reformed in order to introduce greater fairness within the process of contractual interpretation.     

Military rule in Burma: A geographical analysis

The changing characteristics of the régime which took power in Burma in 1962 are analysed from the point of view of the political geographer. The régime was, from the start, authoritarian and centralist, placing little weight on Burma's ethnic diversity. By Asian standards Burma was a rich country in 1962: by 1987 the régime's policies with their emphasis on isolation and more particularly socialism, the latter implemented bureaucratically and incompetently, had reduced Burma to least developed country (LDC) status. The military remain in power despite a loss of support in their traditional urban strongholds in response to economic decline; but the collapse of some insurgencies, an opening up of the country's resources to foreign exploitation, improved infrastructures in these areas, better military equipment, and improved relations with several neighbouring countries have cumulatively enabled the régime to strengthen its position and extend its control in many as of ethnic insurgence. Many external powers have become increasingly critical and hostile, notably the USA, which was until 1988 very cooperative in the context of aid for the elimination of the opium trade, an aid abused for military ends by the régime, and more recently neighbouring states. The strength of the present government has a quite different geographical basis and outcome from that of its forebear of thirty years ago. *** DIRECT SUPPORT *** A8806001 00002     

我国刑事非法证据排除规则司法实践实证研究-以W市刑事审判实务为视角

在我国立法层面逐步建立非法证据排除制度的背景下,非法证据排除制度能否发挥预期的效果仍取决于在司法实务中的贯彻落实情况。通过分析W市法院近三年启动非法证据排除程序的实际情况,我们发现实务中仍存在对非法证据的范围认识不统一、刑讯逼供、疲劳审讯等非法方法的界定不明确、重复自白是否可采具有争议、程序性情况说明尚普遍存在等问题。在司法实务中正确贯彻落实非法证据排除规则,实现对非法取证行为的一般预防功能,首先需要转变重实体轻程序的传统观念,树立实体正义与程序正义并重的新观念,同时要着眼于我国刑事诉讼的现状,避免非法证据排除泛化。在具体操作上,要严格落实证明责任倒置原则,对控辩双方在非法证据排除程序中实行不同层次的证明标准,辩方提供的线索或材料只需达到“存在非法取证的可能性”这样较低程度的证明标准即可,控方的举证则需达到“排除合理怀疑”这样较高程度的证明标准。对于有辩护人的案件,尽量保证在庭前会议中最大可能地解决非法证据排除问题,避免不具备准入资格的非法证据进入庭审,在法官主持下,控辩双方在庭前会议中达成的协议应当具有约束力。