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Part II Before the Trial Begins, 6 Collection of Evidence »

Amal Alamuddin
From: Principles of Evidence in International Criminal Justice
Edited By: Karim A. A. Khan, Caroline Buisman, Christopher Gosnell
Both prosecutors and accused persons have an interest in having clearly defined rules that apply to the collection of evidence in the lead-up to a criminal trial. An accused cannot enjoy meaningful rights—such as the right to silence or to counsel—at trial, if these rights were violated during the investigation process when he was a suspect. The prosecutor, meanwhile, wishes to collect evidence in compliance with applicable rules so that it is admissible at any future trial. And yet international investigations are a new creation. Each of the international...