درباره این کتاب:
At the level of theory, my exclusionary rule framework is grounded in the separation of powers. Previous research about the separation of powers doctrine has focused almost entirely on constitutional law and political theory. It has completely ignored the special role that the doctrine plays in the criminal justice system, a role consisting of the exercise of a reviewing function to ensure executive compliance with the criminal law. Separation of powers is a core component of the constitution’s system of checks and balances, a system in which each branch of the government is endowed with a constitutional control over the others. Without any judicial supervision or due process, the potential for arbitrary enforcement is high. The alternatives to the exclusionary rule are mainly illusory and of no practical avail. History also demonstrates that the very idea of protecting the defendant’s right is completely empty unless it is linked to an efficient mechanism. China grants the police too much power and has too little judicial supervision over police investigations. It creates imbalance in the existing Chinese criminal justice system. It is such an imbalance, and the lack of separation of powers in the criminal justice system, that poses a significant and growing threat for the protection of defendants’ rights.
|موضوع اصلی||حقوق کیفری|
|موضوع فرعی||حقوق کیفری بین الملل|
|تعداد صفحه||262 صفحه|