重温与新知:美国非法自白规则之定位

Review and New Knowledge: Definite Opinion on the Rule of Confession Illegally Obtained in the United States

传统上 ,将美国非法自白规则界定为严格的排除规则 ,即所谓排除加例外的模式 ,实际上是一种误解。从美国司法运作的具体情况看 ,法官对非法自白的处理实际上享有较大的自由裁量权力 ,并遵循符合任意性规则的宪法性原则。对美国非法自白规则这一新的理解 。

The traditional viewpoint that the rule of confession illegally obtained in the United States is a strong exclusionary rule of confession, namely a typical exclusionary rule of confession with exception to the exclusionary rule is wrong in fact. As for the judicial practice in the United States, in fact, the judges are entitled to the discretion to exclude or admit confession illegally obtained under the constitutional principles according with the voluntary rule. The change for the viewpoint about the rule of confession illegally obtained in the United States is favorable of rational design of our rule of confession and evidence illegally obtained.