Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, br. 2, str.493-516
working language: Serbian
Review paper
udk: 347.751:004.738.5
doi:10.5937/zrpfns58-53201
Author:
Bojana Stanković
First Basic Court in Belgrade
stankovic.bojana09@gmail.com
ORCID ID: 0000-0002-5988-4387
Summary:
The rules on the exclusion of evidence are one of the few rules whose characteristics
cannot be classified as those inherent in the Anglo-Saxon model and the European-continental model. A unique model of the exclusion of evidence
exists in American law, which is the creator of the exclusionary rule, while in other states of the Anglo-Saxon system and the European-continental system
the relative system of exclusion is represented in its autonomous forms.
Under the influence of numerous Anglo-American doctrines and the case law of the courts in the USA, a system of absolute exclusion was established, which is based on the protection of the constitutional rights of citizens, with this approach being relativized over time through exceptions that have been accepted in practice.
In this paper, the author deals with the emergence and characteristics of the exclusionary rule, its differences from the relative system of evidence separation, and the most important evidentiary prohibitions that arose as a result of violations of constitutional amendments. The emergence of evidentiary prohibitions in the USA, especially those related to the prohibition of self-incrimination and the prohibition of Hearsay, is of great importance for these generally accepted institutions of Anglo-Saxon law, but also for the standards of the ECHR, as demonstrated by the practice of the highest judicial instance of the USA, which is analyzed in the paper.
Key words:
exclusionary rule, evidentiary prohibitions, prohibition of self-incrimination, hearsay.