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DC Field | Value | Language |
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dc.date.accessioned | 2020-10-16T11:20:19Z | - |
dc.date.available | 2020-10-16T11:20:19Z | - |
dc.date.issued | 2004 | - |
dc.identifier.citation | Muscat, R. (2004). Admissibility of illegally obtained evidence (Master's dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/62058 | - |
dc.description | LL.D. | en_GB |
dc.description.abstract | An examination of the criminal law legislation of different states clearly shows that states tend to take different approaches to the issue of whether evidence which has been obtained unlawfully or in breach of fundamental freedoms should be inadmissible in evidence on that ground. As will be seen in the following chapters the approach taken may often be conditioned by the scope of relevant constitutional provisions as interpreted by the competent constitutional courts. Chapter one deals with the Fourth Amendment of the Constitution of the United States of America, which, for example, has been interpreted as giving rise to a very vigorous exclusionary rule of evidence with extensive and radical consequences. On the other hand, other jurisdictions have often taken the view that as a general rule the unlawfulness of the means used to obtain the evidence does not affect the admissibility of the evidence itself so obtained. As will be seen in Chapters 2, 3, and 4 respectively, this appears to be the current position at law in, England, Canada and other jurisdictions, and finally Malta. The various systems adopted in different countries, the laws regulating such systems and relevant decided cases and court pronouncements will be reviewed and compared and contrasted with the approach taken in Malta. The possibility and effect of introducing an exclusionary rule of evidence in respect of unlawfully obtained evidence and the feasibility of enforcing such a rule in Malta will be discussed and a proposal offering a potential solution made. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Judicial process -- Malta | en_GB |
dc.subject | Procedure (Law) -- Malta | en_GB |
dc.subject | Evidence (Law) -- Malta | en_GB |
dc.title | Admissibility of illegally obtained evidence | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Muscat, Roberta | - |
Appears in Collections: | Dissertations - FacLaw - 1958-2009 |
Files in This Item:
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Muscat_Roberta_Admissibility of illegaly obtained evidence.PDF Restricted Access | 5.68 MB | Adobe PDF | View/Open Request a copy |
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