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The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal

The rules relating to the admissibility or inadmissibility of illegally or improperly obtained evidence is a matter of court's discretion. The question of whether this kind of evidence ought to be rejected because it was obtained illegally, that is, by a crime, a tort or a breach of official po...

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Main Author: Mohamad Yunus, Mohamad Ismail
Format: Article
Language:English
Published: Institut Kefahaman Islam Malaysia (IKIM) 2004
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/8363/1/2004_-_The_relevancy_and_admissibility_of_evidence_obtained_through_unlawful_means-_a_comparative_legal_appraisal.pdf
http://irep.iium.edu.my/8363/
http://www.ikim.gov.my/v5/index.php?lg=2&opt=com_book&grp=2&sec=8&key=9&mode=detail
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spelling my.iium.irep.83632014-10-21T01:20:23Z http://irep.iium.edu.my/8363/ The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal Mohamad Yunus, Mohamad Ismail K Law (General) The rules relating to the admissibility or inadmissibility of illegally or improperly obtained evidence is a matter of court's discretion. The question of whether this kind of evidence ought to be rejected because it was obtained illegally, that is, by a crime, a tort or a breach of official police regulations, involves a difficult choice between two competing policies. In support of the admissibility of such evidence it is argued that since its reliability is normally not affected by the manner in which it was obtained, it ought not to be rejected since the consequence would often be that a guilty person would be acquitted. On the other hand, it is argued that to admit such evidence involves the tacit encouragement of improper police practices, and that such practices constitute at least as great an evil as the occasional acquittal of a guilty accused. This paper therefore aims at identifying the position and recent development on the law of illegally obtained evidence. This research emphasizes on the comparative studies between different countries, namely Malaysia, United Kingdom, Australia, New Zealand and the United States of America. The position in Islamic perspective is also well considered. Institut Kefahaman Islam Malaysia (IKIM) 2004 Article REM application/pdf en http://irep.iium.edu.my/8363/1/2004_-_The_relevancy_and_admissibility_of_evidence_obtained_through_unlawful_means-_a_comparative_legal_appraisal.pdf Mohamad Yunus, Mohamad Ismail (2004) The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal. Jurnal Undang-undang, 8 (1). pp. 111-174. ISSN 1511-0281 http://www.ikim.gov.my/v5/index.php?lg=2&opt=com_book&grp=2&sec=8&key=9&mode=detail
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Mohamad Yunus, Mohamad Ismail
The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal
description The rules relating to the admissibility or inadmissibility of illegally or improperly obtained evidence is a matter of court's discretion. The question of whether this kind of evidence ought to be rejected because it was obtained illegally, that is, by a crime, a tort or a breach of official police regulations, involves a difficult choice between two competing policies. In support of the admissibility of such evidence it is argued that since its reliability is normally not affected by the manner in which it was obtained, it ought not to be rejected since the consequence would often be that a guilty person would be acquitted. On the other hand, it is argued that to admit such evidence involves the tacit encouragement of improper police practices, and that such practices constitute at least as great an evil as the occasional acquittal of a guilty accused. This paper therefore aims at identifying the position and recent development on the law of illegally obtained evidence. This research emphasizes on the comparative studies between different countries, namely Malaysia, United Kingdom, Australia, New Zealand and the United States of America. The position in Islamic perspective is also well considered.
format Article
author Mohamad Yunus, Mohamad Ismail
author_facet Mohamad Yunus, Mohamad Ismail
author_sort Mohamad Yunus, Mohamad Ismail
title The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal
title_short The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal
title_full The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal
title_fullStr The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal
title_full_unstemmed The relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal
title_sort relevancy and admissibility of evidence obtained through unlawful means: a comparative legal appraisal
publisher Institut Kefahaman Islam Malaysia (IKIM)
publishDate 2004
url http://irep.iium.edu.my/8363/1/2004_-_The_relevancy_and_admissibility_of_evidence_obtained_through_unlawful_means-_a_comparative_legal_appraisal.pdf
http://irep.iium.edu.my/8363/
http://www.ikim.gov.my/v5/index.php?lg=2&opt=com_book&grp=2&sec=8&key=9&mode=detail
_version_ 1643606116393811968
score 13.211869

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