Pregledni rad

Some Objections on the Theories on Exclusion of Unlawfully Obtained Real Evidence

Željko Karas ; Policijska akademija, Zagreb, Hrvatska

Sažetak

The author explores criticism of theories that justify exclusion of illegaly obtained real evidence. Theory of rights is often criticised because the exclusion of illegal evidence does not provide uniform protection and it can not be used by persons whose rights were violated but no evidence was found. Critics have focused on the fact that the illegality of one can not be reversed and that exclusionary rule doesn't sanction either perpetrator nor officer. Deterrence theory is most sensitive to the empirical researches that pointed on inefficiencies, and also remarks prevention is putting offenders back in society.
Theories do not recommended wide scope of procedural norms to beinvolved in exclusion. Automatic exclusion of illegal evidence is not more appropriate than discretionary exclusion. Recent changes in Croatian regulation have adequate support, regardless of some superficial criticism.

Ključne riječi

illegal evidence; physical evidence; protection of rights; the prevention of illegal

Hrčak ID:

99856

URI

https://hrcak.srce.hr/99856

Datum izdavanja:

27.3.2013.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.960 *