Comparative analysis of exclusionary rules in the United States, England, France, Germany, and Italy

The exclusionary rule remains one of the most controversial doctrines in America’s constitutionalized criminal procedure. Jurists and commentators criticize the American exclusionary rule as a rule unique to American jurisprudence. Though American jurists and commentators’ criticism focuses on the Fourth Amendment exclusionary rule, the criticism of the American exclusionary rule with reference to practices in foreign countries serves to create and maintain the misconception that the United States is the only country that has the exclusionary rule. The belief that the exclusionary rule exists only in the United States is far from accurate. This article examines the historical development and the current status of exclusionary rules in the United States, England, France, Germany, and Italy. Attentions are especially devoted to analyzing the characteristics of the American exclusionary rule with reference to exclusionary rules in other countries.