The fruits of the poisonous tree doctrine under US law and its scope in greek criminal procedure

Postgraduate Thesis uoadl:2693259 344 Read counter

Unit:
Κατεύθυνση Ουσιαστικό και Δικονομικό Δίκαιο
Library of the School of Law
Deposit date:
2018-04-20
Year:
2018
Author:
Andrikopoulou Panagiota
Supervisors info:
Αλέξανδρος Δημάκης, Επίκουρος Καθηγητής, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Η θεωρία των καρπών του δηλητηριώδους δέντρου υπό το αμερικανικό δίκαιο και το πεδίο εφαρμογής της στο ελληνικό ποινικό δικονομικό δίκαιο
Languages:
English
Greek
Translated title:
The fruits of the poisonous tree doctrine under US law and its scope in greek criminal procedure
Summary:
This paper, which was developed in the framework of the Postgraduate Studies Program of the Department of Criminal Sciences of the Law School of Athens, deals with "the fruits of the poisonous tree" doctrine as it was born and developed in American criminal procedural law, as well as deals with the investigation of its scope in domestic criminal procedural law. This is part of the exclusionary rule problem, which is concerned with the procedural handling of indirect evidence being fed into the criminal proceedings as the result of a chain having started with the unlawful act of the competent body for collecting evidence. In the light of the U.S. Supreme Court case - law, which occupies a considerable ample in the present work, given its particularly important position in this legal system, the reader goes through more than four decades of probe into the aforementioned doctrine. Furthermore, the findings of the ECtHR case - law are exposed. In general, the ECtHR addresses the whole problem of the exclusionary rule, as well as the indirectly acquired evidence, starting its examination of the facts with a view to the overall fairness of the procedure. In addition, the main representatives of the greek legal theory are being presented. Finally, it is pointed out that the purpose of this paper is to investigate closely "the fruits of the poisonous tree" doctrine and to contribute to the very rich discussion on the exclusionary rule.
Main subject category:
Law and Legislation
Other subject categories:
Criminal Law
Criminal Procedure
Keywords:
the exclusionary rule, derivative evidence, US law
Index:
No
Number of index pages:
0
Contains images:
No
Number of references:
53
Number of pages:
108
Η θεωρία των καρπών του δηλητηριώδους δέντρου 2.pdf (1 MB) Open in new window