This paper analyses the concept of fairness and its role in relation to the investigation of offences and the exclusion of evidence. A theory of fairness as equality before the law is proposed. Conditions are elaborated under which unequal treatment in how evidence was obtained may present stronger or weaker claims for its exclusion at trial. Principles of exclusion are applied to some particular types of evidence: DNA evidence; evidence obtained by entrapment; confessions covertly obtained by undercover operatives; confessions that are made by intoxicated persons but are nevertheless reliable. Cases from Australia, Canada and England are used as examples.
Document Type: Research Article
Publication date: January 1, 2006
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The Oxford University Commonwealth Law Journal (OUCLJ) is the flagship journal of Oxford University's postgraduate law community, produced under the aegis of the Law Faculty. It is published twice-yearly and endeavours to foster international academic debate and exchange on a wide range of legal topics of interest throughout the Commonwealth.