Exclusion without trial? Exclusion of evidence and abbreviated procedures
Many legal systems have adopted rules that lead to the exclusion of evidence that has been obtained in violation of procedural rules. Exclusion normally occurs before the trial begins or even during trial. However, the majority of criminal cases are today not resolved through a full trial but by som...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2021-03-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/502 |
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| author | Thomas Weigend |
| author_facet | Thomas Weigend |
| author_sort | Thomas Weigend |
| collection | DOAJ |
| description | Many legal systems have adopted rules that lead to the exclusion of evidence that has been obtained in violation of procedural rules. Exclusion normally occurs before the trial begins or even during trial. However, the majority of criminal cases are today not resolved through a full trial but by some kind of abbreviated procedure, e.g., through a guilty plea or a written penal order. In this article, the author claims that exclusionary rules should, by and large, also apply in such abbreviated proceedings. Practical obstacles could be overcome by a more active involvement of defense counsel in abbreviated proceedings. |
| format | Article |
| id | doaj-art-cc30d35209ba48d3b4ab8b140cd50012 |
| institution | DOAJ |
| issn | 2525-510X |
| language | English |
| publishDate | 2021-03-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-cc30d35209ba48d3b4ab8b140cd500122025-08-20T03:18:08ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2021-03-017110.22197/rbdpp.v7i1.502216Exclusion without trial? Exclusion of evidence and abbreviated proceduresThomas Weigend0Universität zu Köln, GermanyMany legal systems have adopted rules that lead to the exclusion of evidence that has been obtained in violation of procedural rules. Exclusion normally occurs before the trial begins or even during trial. However, the majority of criminal cases are today not resolved through a full trial but by some kind of abbreviated procedure, e.g., through a guilty plea or a written penal order. In this article, the author claims that exclusionary rules should, by and large, also apply in such abbreviated proceedings. Practical obstacles could be overcome by a more active involvement of defense counsel in abbreviated proceedings.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/502abbreviated proceedingsexclusionary ruleguilty pleapenal order. |
| spellingShingle | Thomas Weigend Exclusion without trial? Exclusion of evidence and abbreviated procedures Revista Brasileira de Direito Processual Penal abbreviated proceedings exclusionary rule guilty plea penal order. |
| title | Exclusion without trial? Exclusion of evidence and abbreviated procedures |
| title_full | Exclusion without trial? Exclusion of evidence and abbreviated procedures |
| title_fullStr | Exclusion without trial? Exclusion of evidence and abbreviated procedures |
| title_full_unstemmed | Exclusion without trial? Exclusion of evidence and abbreviated procedures |
| title_short | Exclusion without trial? Exclusion of evidence and abbreviated procedures |
| title_sort | exclusion without trial exclusion of evidence and abbreviated procedures |
| topic | abbreviated proceedings exclusionary rule guilty plea penal order. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/502 |
| work_keys_str_mv | AT thomasweigend exclusionwithouttrialexclusionofevidenceandabbreviatedprocedures |