Legal Analysis

The classification and admissibility of unlawfully obtained evidence differ significantly between Colombian and U.S. legal systems, reflecting their distinct legal traditions and procedural priorities. Although both legal systems share the common goal of protecting fundamental rights and ensuring due process, their approaches to evidentiary exclusion differ. Colombia’s civil law tradition enforces strict categorizations and absolute nullity, reinforcing legal certainty. Meanwhile, the U.S. common law system adopts a more pragmatic approach, where judicial discretion and procedural flexibility influence the handling of unlawfully obtained evidence. These distinctions underscore the broader philosophical and procedural contrasts between the two legal traditions.