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https://www.um.edu.mt/library/oar/handle/123456789/96475
Title: | The validity of statements made in police detention without lawyer assistance |
Authors: | Borg, Tonio |
Keywords: | Criminal law -- Malta Constitutional law -- Malta Human rights -- Malta -- Cases Criminal law -- Malta -- Cases Police questioning -- Law and legislation -- Malta Interviewing in law enforcement -- Malta Evidence (Law) -- Malta |
Issue Date: | 2021-11 |
Publisher: | Għaqda Studenti tal-Liġi |
Citation: | Borg, T. (2021, November). The validity of statements made in police detention without lawyer assistance. Online Law Journal. |
Abstract: | In this article, Dr. Tonio Borg reviews and analyses the case-law of the Maltese Courts on statements given to the police without lawyer assistance, as a potential exception to the ‘no forbidden fruit theory’ recognised by Maltese Law. The ‘Forbidden Fruit Theory’ in Criminal and Constitutional Law can be explained in the following way: if the investigating authorities, particularly the Police, infringe any of the procedures or conditions required by law in obtaining evidence, that evidence is tainted and excluded as evidence before a court of law. The doctrine developed mostly in the United States of America and was established in 1920 by the decision in Silverthorne Lumber Co. v United States, and the phrase ‘fruit of the poisonous tree’ was coined by Justice Frankfurter in his 1939 opinion in Nardone v United States. [excerpt] |
URI: | https://www.um.edu.mt/library/oar/handle/123456789/96475 |
Appears in Collections: | Scholarly Works - FacLawPub |
Files in This Item:
File | Description | Size | Format | |
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The_validity_of_statements_made_in_police_detention_without_lawyer_assistance _2021.pdf Restricted Access | 1.03 MB | Adobe PDF | View/Open Request a copy |
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