La exclusionary rule de EE.UU. Y la prueba ilícita penal de España. Perfiles jurisprudenciales comparativos.

Abstract

The thesis of the author José Manuel Alcaide Gonzalez, entitled the “THE U.S. EXCLUSIONARY RULE AND THE ILLEGAL CRIMINAL EVIDENCE OF SPAIN. JURISPRUDENTIAL COMPARATIVE PROFILES ", is intended as a legal research study and comparison of the procedural institution of illegal evidence or unconstitutional in Spain with his U.S. counterpart called exclusionary rule. In the field of forensic practice this procedural institution has a significant importance and valuable, both in Spain and the U.S. because it can cause a far-reaching consequences for criminal proceedings end. One objective is tested to show that despite being so different legal and judicial systems of Spain and the U.S. in its origins, the early common law doctrine of the exclusionary rule and its limitations, exceptions are later impregnated her doctrine and application in the Court of Spain (Constitutional and Supreme Courts). Another purpose is situated in a position to maintain that the evolution of the exclusionary rule in our days can be found close to extinction, at least the variant and extension of the test reflects, and his doctrine of the fruits of the poisoned tree, both the U.S. and Spain. In the United States the creation of the exclusionary rule or the illegal evidence has been a long evolution of all jurisprudence. The first link in this area dates back to late nineteenth century, the 1886 case Boyd v.. USA. In Spain, the introduction of illegal evidence begins with the Spanish Constitutional Court judgment no. 114/1984. The work is divided into: Introduction and four chapters. FIRST CHAPTER is devoted to describing the evolution happened by the exclusionary rule in the Jurisprudence of the United States since its establishment in 1886 until the most significant current profiles. Amendments Fourth, Fifth, and Fourteenth are the richest and most prolific in the treatment by the Federal Supreme Court jurisprudence in the United States commented on the procedural institution, also making a review of other Federal Courts, especially of Appeals and their circuits, with some mention of jurisprudence selected from Supreme Court States. IN THE SECOND CHAPTER tells of an introduction, background and most important opinions of the scientific doctrine of the illegal evidence in Spain before and after 1984. Examines and tells the content of Article 11.1. the LOPJ. and the possible collision with the legal meaning of this forensic practice and jurisprudential doctrine that inspired the legislator. THE THIRD CHAPTER deals with the reception, inspiration and progress of the common law doctrine of the exclusionary rule U.S. in Spain and comparative aspects. Aims to define opinion and guidelines of the current real institution litigation, we affirm that found in path of decline and possible extinction. The global context and the international collective and individual security citizen’s may be patterns and examples of this decline. THE FOURTH CHAPTER attempts to summarize those aspects that can be summarized most prominent and important for the reader, to remain in the name of a final clarification of the overall investigation.

Date of Award	20 Jul 2012
Original language	Spanish
Awarding Institution	Universitat Autònoma de Barcelona (UAB)
Supervisor	M. Carmen Navarro Villanueva (Director)