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Improperly Obtained Evidence in Anglo-American and Continental Law


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This is the first book to offer an extensive cosmopolitan, cross-cultural, insight into the perennial controversy over the use of improperly obtained evidence in criminal trials.

Table of Contents

1. Introduction I. Four Comparative Law Pillars II. Linguistics III. Who Excludes? IV. At What Stage of the Process is Evidence Excluded? V. What Happens after Exclusion? VI. Organisation of the Book 2. Exclusionary Rules for Evidence Obtained in Violation of the Right to Privacy: Greece and the United States I. Prolegomena on the Link Between Constitutionalisation and Automatic Exclusionary Rules II. Reading the Exclusionary Rule into the Constitution III. Constitutional Exclusionary Rules IV. The Greek Exclusionary Rule for Evidence Obtained by the Commission of Criminal Offences V. Same Origins, Different Directions: The Deterrent and Protective Rationales in Action VI. Caveats VII. Concluding Thoughts VIII. Epilogue: Triggers for the Constitutionalisation of the Exclusionary Rule 3. Discretionary Exclusion of Evidence Obtained in Violation of the Right to Privacy: France and England and Wales I. General Principles and Legislative Framework II. Jurisprudential Applications: Admitting Evidence Obtained in Violation of the Right to Privacy III. Evidence Obtained Through the Bugging of Police Cells: French Lessons for England and Wales? IV. Concluding Thoughts 4. Improperly Obtained Confessional Evidence: Converging Rights-Based Approaches I. The Modern Metamorphoses of the French Nullites of the Garde a Vue: The Road to Automatic Nullities II. Automatic Nullities for Violations of Suspects' Rights in Greece III. Miranda v Arizona: The Exclusionary Rule in Fast Decline (but Exclusion is Still Automatic) IV. Confessional Evidence, Reliability and Suspects' Rights: A Mixed Picture in the UK V. Concluding Thoughts 5. Confessional Evidence and European Court of Human Rights Jurisprudence: Building Rights-based Consensus or Backtracking on Rights Protection? I. The European Court of Human Rights' Miranda Moment: The Salduz Jurisprudence II. From Salduz's Exclusionary Rule to Common Custodial Interrogation Rights in Europe (Passing by the EU Procedural Rights Directives) III. Throwing Salduz 'Off the Rails'? IV. Concluding Thoughts 6. Reinvigorating the Rights Thesis I. Improperly Obtained Evidence and the Aims of the Criminal Process II. 'Excluding Evidence as Protecting Rights' Revisited III. Is There Support in Comparative Law for the Rights Thesis? IV. Concluding Thoughts 7. Epilogue: The Future

About the Author

Dimitrios Giannoulopoulos is the Inaugural Professor of Law at Goldsmiths, University of London, and an Associate Academic Fellow of the Honourable Society of the Inner Temple.


This book endorses an approach to the exclusion of improperly obtained evidence that prioritises the protection of fundamental rights. It is important that, once in a while, the European Court of Human Rights is reminded of its role as the "conscience of Europe"; as done in this book elegantly by Giannoulopoulos with regards to evidence obtained in violation of the right to legal assistance. This thorough study and fascinating analysis is a must-read for legal scholars and practitioners, including judges, alike. -- Julia Laffranque, Judge at the European Court of Human Rights, Visiting professor, University of Tartu
This book is a detailed and accessible contextual analysis of the diverging and converging approaches adopted towards the exclusion of improperly obtained evidence across the Anglo-American and continental European legal traditions, written by a scholar with considerable experience of legal practice in both traditions. With its main focus on the law of England and Wales, France, Greece and the United States, the book provides extensive cosmopolitan insight into the role of truth discovery and evidence admissibility in Anglo-American and Continental law and is a major contribution to the literature on cross-cultural studies of human rights and criminal justice. -- John Jackson, Professor of Comparative Criminal Law and Procedure, School of Law, University of Nottingham
This fascinating new book considers the endemic question of whether improperly obtained evidence should be excluded from criminal prosecutions. Giannoulopoulos takes a comparative approach, examining the issue in Anglo-American and Continental law jurisdictions. He finds convergences in nations with fundamentally different criminal justice systems, and he uncovers surprising divergences in nations with common legal cultures. Values and goals turn out to matter more than history and legal culture. This is an important book, which should be read by criminal justice and evidence scholars everywhere. -- Charles Weisselberg, Shannon Cecil Turner Professor, UC Berkeley School of Law
The book is a comparative tour de force on one of the most fundamental questions in criminal procedures across the globe. Drawing upon a thorough knowledge of both Continental and Anglo-American systems, the author offers new cross-cultural insights into the enduring debate on the admissibility of improperly acquired evidence. In times of rapid internationalization of criminal evidence this is an illuminating reading for practitioners and academics interested in fresh cosmopolitan insights in this area. -- Ilias Anagnostopoulos, Professor, National University of Athens, Greece and Chair, Hellenic Criminal Bar Association
[T]his is a thoroughly researched and comprehensively argued text. Giannoulopoulos impresses as a genuine authority in his area of expertise while showing a modest deference to experts that have come before him... Looking beyond terminological and conceptual differences between [the Anglo-American and Continental] legal traditions, one of the book's goals and distinguishing features is to 'highlight the "constitutionalisation" and "internationalisation" of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide... While Giannoulopoulos demonstrates the tangible influence of human rights jurisprudence on the 'exclusionary rule debate', he is cognisant of the 'range of countervailing factors' with the capacity to offset the impact of the rights thesis... Giannoulopoulos calls on procedural scholars to help fill the gaps in comparative and cosmopolitan legal thinking. This book is testament to the fact that he has gone a significant distance in this direction himself. -- Nina H B Jorgensen * Modern Law Review *

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