Exclusion of Evidence and Its Impact on Criminal Justice: a Comparative Study

What is it about?

When a police officer performs a legal procedure such as a search, he may make a mistake in carrying out this procedure. This mistake made leads to the nullification of the procedure. Nullification is one of the most important reasons leading to the exclusion of evidence and thus the acquittal of the accused. Many people think that nullity and its effects are detrimental to justice, so it is particularly important that there are exceptions to the rule of exclusion of evidence so that criminals do not escape punishment. Thus, this research provides a comparison between two legal systems: Qatar and U.S. legal systems. This comparison aims to answer an important question: Can a balance be achieved between the goal of protecting constitutional rights and freedoms and the goal of punishing the perpetrators of crimes to achieve justice? Is it possible to say that the exceptions to the exclusionary rule can restore the balance between these two goals?

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