CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, November 20, 2023

Ugwuokpe on Comparative Evidence Exclusion

The controversy surrounding the exclusion of evidence in criminal trials has continued with renewed vigour. At one end are those who believe that a piece of evidence should be admitted based solely on its inherent epistemic value without reference to any other external considerations.

At the other end are those who contend that criminal justice systems are meant to serve many societal ideals of which the search for truth is only one, and that criminal trials must be designed to ensure balanced resolutions of all conflicting interests. Naturally, legal systems across the world exemplify these divergencies with many variations along the spectrum regarding the scope of the exclusionary powers of the fact finder or court and the justifications for such powers. This article sets out to analyse the illegally or improperly obtained evidence exclusion regimes in the United States, Canada, Nigeria and Australia, and their respective levels of commitment to the search for truth. This article provides an insightful frame of comparative reference for stakeholders in these jurisdictions.

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