Why are America's rules of evidence are more restrictive than those established by other countries?

Answer 1

Often, this is because our Bill of Rights contains specific guarantees that make it impermissible to use some kinds of evidence. For example, the Fourth Amendment is supposed to protect us from unreasonable intrusions ("searches and seizures") done without a court's permission; that means a prosecutor can not use evidence obtained without the proper court permission, or even other evidence that was obtained because of the wrongly acquired information (the "fruit of the poison tree" doctrine). The Fifth Amendment ensures us that we can not be forced to testify against ourselves; this means, for instance, that a person convicted of a crime can not be required to testify as a witness at his own trial. The Bill of Rights was written by people who knew history, who knew that governments tend to increase their power at the expense of individuals, so they took special care to ensure that Americans would have individual liberty. It is most necessary to "stack the deck" in favor of the individual when a person is standing trial, with money, or freedom, or life itself at stake.

Answer 2

US rules of evidence come from British Common Law which was, of course, the law in 1776.

If anything, over the 225+ years since then US rules of evidence have been loosened.

I believe most other countries which derive their laws from British Common Law have similar restrictions as the US rules have. The major difference between US/UK law and other countries is that the common law prohibition on hearsay is continued in the US (with many exceptions) while in other countries hearsay is allowed with the judge(s) giving it the weight the judge(s) feel it deserves.

There are good reasons that can be advanced for either system.

Answer 3

Because our country is a democracy. Everything is voted on by someone. Other countries dictator's and such just impose their laws. And it is mostly to protect innocent people. Things here have to be proven.