American Constitutional Theory for Canadians (And the Rest of the World)

Roach, Kent; Michelman, Frank I.; Peretti, Terri

doi:10.2307/825936

Cited by 2 publications

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“…There is no provision in the Bill of Rights calling for exclusion of evidence obtained in violation of its provisions. The Bill of Rights thus did not become an effective instrument in protecting people’s rights and freedom (Roach, 2002; Stribopoulos, 1999). The situation changed with the adoption of Canadian Charter of Rights and Freedom in 1982.…”

Section: The Exclusionary Rule In Other Countriesmentioning

confidence: 99%

The American Exclusionary Rule

2012

International Criminal Justice Review

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When the U.S. Supreme Court extended the application of the exclusionary rule in its landmark decision Mapp v. Ohio, it was leading the way in employing the exclusionary remedy as a means to protect people’s rights against unreasonable searches and seizures. The past 50 years have seen significant changes in the criminal justice landscape on the world scene. The exclusionary rule is no longer unique to American jurisprudence. The rule has been adopted by other Western countries as well. The American exclusionary rule, however, remains a unique rule in terms of its deterrence rationale and mandatory nature. No other countries have adopted a mandatory rule or rested the rule on its deterrent effect. This article discusses the operation of the exclusionary rule in four other countries and provides a comparative analysis of the American exclusionary rule. It analyzes the problems associated with the operation of a deterrence-based mandatory rule and explores the possibility of changing the American exclusionary rule from a mandatory to a discretionary rule. The analysis takes note especially two recent U.S. Supreme Court decisions that signal significant changes in the application of the exclusionary rule in the United States.

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Section: The Exclusionary Rule In Other Countriesmentioning

confidence: 99%

The American Exclusionary Rule

2012

International Criminal Justice Review

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“…Although the Bill of Rights was intended to ensure fair treatment of individuals caught up in the criminal process, it contains no mechanism to deal with evidence obtained in violation of its provisions. The lack of constitutional status and the absence of exclusionary remedy made the Bill of Rights an ineffective instrument in regulating police behavior and protecting people's freedoms (Roach, 2002;Stribopoulos, 1999).…”

Section: Canadamentioning

confidence: 99%

A Comparative View of the Law of Interrogation

2007

International Criminal Justice Review

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Forty years ago, when the U.S. Supreme Court fashioned the Miranda procedure to safeguard the rights of suspects subject to police interrogation, the procedure and its exclusionary remedy were considered an American novelty. Few countries then required the police to issue preinterrogation warnings, and it was rare for courts to exclude confessions on the grounds of procedural violations. The past forty years have seen significant changes in the criminal justice landscape on the world scene. Today, the concept of preinterrogation warnings is widely accepted, and failure to issue the required warnings in many countries constitutes a ground for exclusion. This article explores the development in the law of interrogation in England, Canada, France, Germany, Russia, and China. The American Miranda procedure is used as a reference point to highlight the similarities and differences between American and other countries' practices.

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American Constitutional Theory for Canadians (And the Rest of the World)

Cited by 2 publications

References 0 publications

The American Exclusionary Rule

The American Exclusionary Rule

A Comparative View of the Law of Interrogation

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