Standing and Pre-trial Misconduct: Hypocrisy, ‘Separation’, Inconsistent Blame, and Frustration
نویسندگان
چکیده
Abstract Existing justifications for exclusionary rules and stays of proceedings in response to pre-trial wrongdoing by police officers prosecutors are often thought be counter-productive or disproportionate their consequences. This article begins explore whether the concept standing blame can provide a fresh justification such responses. It focuses on vice related standing—hypocrisy—and concerning inconsistent blame. takes seriously point that criminal justice agencies, although all part State, real terms separated from each other, analyses so-called separation thesis (or theses). concludes hypocrisy arguments could plausibly justify exclusion only relation lower-level offending, even there indirectly. is sense expressions judicial frustration with other bodies failure take seriously.
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ژورنال
عنوان ژورنال: Criminal Law and Philosophy
سال: 2023
ISSN: ['1871-9791', '1871-9805']
DOI: https://doi.org/10.1007/s11572-023-09688-2