The institute of evidence admissibility in the English and American criminal law of evidence

In the article the evidence admissibility in English and American law of evidence is analyzed. The author presents reasons and circumstances of origin of this institution and its development in English and American law This article also presents general features and trends of the given institution development. The main differences in understanding the evidence admissibility in English-American and Russian evidence law are shown. The author notes that principle of competitiveness in criminal procedure, jury trial, public hearing principle, and a principle of punishment inevitability had heavily affected appearance and development of above mentioned institution in these countries. A special attention is drawn to the party's participation (such as court, prosecution, and defense) at the bringing-to-trial stage in England, preliminary hearing stage in the USA. This analysis reveals main features of these stages in foreign countries, and helps to understand who bears a responsibility to prove guilty of a suspect.