A hugely significant contribution to, and indeed advancement of, scholarship on the ever-captivating issue of improperly obtained evidence, and indeed criminal procedure more broadly. -- Yvonne Daly * Criminal Law and Criminal Justice Books *
This book provides a comparative analysis of the exclusion of improperly obtained evidence across a number of legal systems, criss-crossing jurisdictional boundaries in a lively and engaging manner [Giannoulopoulos] should feel satisfied that the cosmopolitan legal thinking and comparative analysis in this book helps clear a way for the "constitutionalisation" of criminal evidence at some point in the future. -- Richard Glover * Criminal Law Review *
[T]his is a thoroughly researched and comprehensively argued text. Giannoulopoulos impresses as a genuine authority in his area of expertise while showing a modest deference to experts that have come before him... Looking beyond terminological and conceptual differences between [the Anglo-American and Continental] legal traditions, one of the books goals and distinguishing features is to highlight the constitutionalisation and internationalisation of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide... While Giannoulopoulos demonstrates the tangible influence of human rights jurisprudence on the exclusionary rule debate, he is cognisant of the range of countervailing factors with the capacity to offset the impact of the rights thesis... Giannoulopoulos calls on procedural scholars to help fill the gaps in comparative and cosmopolitan legal thinking. This book is testament to the fact that he has gone a significant distance in this direction himself. -- Nina H B Jrgensen * Modern Law Review *
This impressively detailed and wide-ranging comparative study examines the restrictions that both common-law and civil-law systems place on evidence obtained through breaches of the rights of suspects [Giannoulopoulos] has provided a valuable and fascinating account of the way courts and legislators have grappled with these issues in a wide range of jurisdictions. -- Tony Ward * International Journal of Evidence & Proof *
This fascinating new book considers the endemic question of whether improperly obtained evidence should be excluded from criminal prosecutions. Giannoulopoulos takes a comparative approach, examining the issue in Anglo-American and Continental law jurisdictions. He finds convergences in nations with fundamentally different criminal justice systems, and he uncovers surprising divergences in nations with common legal cultures. Values and goals turn out to matter more than history and legal culture. This is an important book, which should be read by criminal justice and evidence scholars everywhere. -- Charles Weisselberg, Shannon Cecil Turner Professor, UC Berkeley School of Law
This book endorses an approach to the exclusion of improperly obtained evidence that prioritises the protection of fundamental rights. It is important that, once in a while, the European Court of Human Rights is reminded of its role as the conscience of Europe; as done in this book elegantly by Giannoulopoulos with regards to evidence obtained in violation of the right to legal assistance. This thorough study and fascinating analysis is a must-read for legal scholars and practitioners, including judges, alike. -- Julia Laffranque, Judge at the European Court of Human Rights, Visiting professor, University of Tartu
This book is a detailed and accessible contextual analysis of the diverging and converging approaches adopted towards the exclusion of improperly obtained evidence across the Anglo-American and continental European legal traditions, written by a scholar with considerable experience of legal practice in both traditions. With its main focus on the law of England and Wales, France, Greece and the United States, the book provides extensive cosmopolitan insight into the role of truth discovery and evidence admissibility in Anglo-American and Continental law and is a major contribution to the literature on cross-cultural studies of human rights and criminal justice. -- John Jackson, Professor of Comparative Criminal Law and Procedure, School of Law, University of Nottingham
The book is a comparative tour de force on one of the most fundamental questions in criminal procedures across the globe. Drawing upon a thorough knowledge of both Continental and Anglo-American systems, the author offers new cross-cultural insights into the enduring debate on the admissibility of improperly acquired evidence. In times of rapid internationalization of criminal evidence this is an illuminating reading for practitioners and academics interested in fresh cosmopolitan insights in this area. -- Ilias Anagnostopoulos, Professor, National University of Athens, Greece and Chair, Hellenic Criminal Bar Association
