Midterm Essay

Midterm Essay

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Midterm Essay

7. Considering all those who could be affected, is it an overall benefit or detriment for the rights of everyone in the country if a court is able to use a) the ‘exclusionary rule’ and the b) ‘fruits of the Poisonous Tree doctrine’ to exclude illegally obtained evidence?

Introduction

The exclusionary rule is a legal rule that bars the use of evidence that was obtained in violation of the defendant’s constitutional rights. The rule is based on the principle that the ends do not justify the means; even if the evidence obtained would be reliable and probative, it cannot be used if it was obtained in a manner that violated the defendant’s constitutional rights. On the other hand, the fruits of the poisonous tree doctrine is a legal doctrine that bars the use of evidence that was obtained as a result of evidence that was obtained in violation of the defendant’s constitutional rights. The doctrine is based on the principle that the fruit of the poisonous tree is tainted and cannot be used. In light of this, the purpose of this essay is to show that, putting in mind all those who could be affected, it is an overall benefit for the rights of everyone in the country for the court to use both the ‘exclusionary rule’ and the ‘fruits of the Poisonous Tree’ doctrine.

The Exclusionary Rule

The exclusionary rule is a legal rule that prohibits the use of evidence that was obtained in violation of a person’s constitutional rights. The rule is based on the principle that the government should not be allowed to benefit from its own illegal actions. The exclusionary rule is a vital part of the American constitutional system of justice. It ensures that the government is held accountable for its actions, and it protects the rights of individuals. Without the exclusionary rule, the government would be able to violate people’s constitutional rights with impunity.

The exclusionary rule has a number of important benefits. First, it deters the police from violating people’s constitutional rights. If the police know that the evidence they obtain will not be admissible in court, they are less likely to engage in illegal searches and seizures. Second, the exclusionary rule ensures that the government is held accountable for its actions. When the government is forced to exclude evidence that it has obtained illegally, it is less likely to engage in illegal conduct in the future. Third, the exclusionary rule protects the rights of individuals. By excluding evidence that was obtained in violation of our constitutional rights, the rule ensures that our rights are not violated with impunity.

It would be good to note that, the exclusionary rule is not without its critics. Some argue that the rule protects the rights of criminals, rather than the rights of innocent citizens. Others argue that the rule is unnecessary, because the police will not engage in illegal conduct if they know that the evidence will not be admissible in court. However, these arguments fail to take into account the important benefits of the exclusionary rule. The exclusionary rule is a vital part of our constitutional system of justice. It ensures that the government is held accountable for its actions, and it protects the rights of individuals. Without the exclusionary rule, the government would be able to violate our constitutional rights with impunity.

Should the Courts be Allowed to Use the Exclusionary Rule to Exclude Illegally Obtained Evidence?

Overall, the exclusionary rule is a legal principle that prohibits the use of evidence that has been obtained in violation of a person’s constitutional rights. The purpose of the exclusionary rule is to deter law enforcement officials from violating a person’s constitutional rights and to protect the integrity of the judicial system. The exclusionary rule is not a constitutional provision, but rather a rule of evidence that is applied by courts. There are several exceptions to the exclusionary rule, including the good faith exception and the inevitable discovery exception. The good faith exception allows evidence to be admitted even if it was obtained in violation of a person’s constitutional rights, if the law enforcement officials who obtained the evidence acted in good faith. The inevitable discovery exception allows evidence to be admitted even if it was obtained in violation of a person’s constitutional rights, if the evidence would have been discovered even if the constitutional violation had not occurred.

In light of the above, the exclusionary rule is a controversial legal principle, and there is much debate over whether or not it should be used to exclude evidence that has been obtained illegally. Some people argue that the exclusionary rule is necessary to protect the constitutional rights of defendants, and to deter law enforcement officials from violating those rights. Others argue that the exclusionary rule is an unnecessary burden on the judicial system, and that it prevents prosecutors from presenting evidence that is necessary to convict criminals. There is no easy answer to the question of whether or not the exclusionary rule should be used to exclude evidence that has been obtained illegally. However, it would be prudent to note that the rule is an important legal principle, and it should be used to protect the constitutional rights of defendants and to deter law enforcement officials from violating those rights. For this, among other reasons, courts should be allowed to the rule to exclude illegally obtained evidence.

The Fruits of the Poisonous Tree Doctrine

The Fruits of the Poisonous Tree doctrine is a legal principle that holds that evidence that is obtained from an illegal or improper source is not admissible in court. The rationale behind this doctrine is that if the evidence is obtained through illegal or improper means, then it is not reliable and should not be used to convict a person of a crime. There are two types of evidence that can be affected by the Fruits of the Poisonous Tree doctrine: real evidence and testimonial evidence. Real evidence is physical evidence, such as a weapon or a piece of clothing. Testimonial evidence is evidence that is given by a witness, such as testimony given in court or a statement given to the police. The Fruits of the Poisonous Tree doctrine can apply to both direct and indirect evidence. Direct evidence is evidence that directly proves a fact, such as a witness who saw the defendant commit a crime. Indirect evidence is evidence that does not directly prove a fact, but can be used to infer a fact, such as a witness who saw the defendant with a gun shortly before the crime was committed.

The Fruits of the Poisonous Tree doctrine is not a blanket rule that automatically excludes all evidence that is obtained through illegal or improper means. Rather, it is a rule of thumb that is used by courts to determine whether or not evidence should be admitted. There are several factors that courts will consider when determining whether or not to apply the Fruits of the Poisonous Tree doctrine, including the seriousness of the illegality or impropriety, the closeness of the connection between the illegality or impropriety and the evidence, and the probative value of the evidence. In some cases, the Fruits of the Poisonous Tree doctrine may be overcome by the doctrine of inevitable discovery. The doctrine of inevitable discovery holds that evidence that would have been discovered even if the illegal or improper conduct had not occurred is admissible in court. This doctrine is based on the idea that the evidence would have been discovered eventually, even if the illegal or improper conduct had not occurred. The Fruits of the Poisonous Tree doctrine is a legal principle that is designed to protect the rights of the accused. The doctrine ensures that evidence that is obtained through illegal or improper means is not used to convict a person of a crime. The doctrine is not a blanket rule, but is a rule of thumb that is used by courts to determine whether or not evidence should be admitted. The doctrine may be overcome by the doctrine of inevitable discovery in some cases.

Should the Courts be Allowed to Use the Fruits of the Poisonous Tree Doctrine to Exclude Illegally Obtained Evidence?

Overall, the “fruits of the poisonous tree” doctrine is a legal rule that says evidence that is obtained from illegal or improper police conduct is not admissible in court. The doctrine is based on the idea that if the police obtain evidence through illegal or improper conduct, then that evidence is “tainted” and should not be used to convict a person of a crime. The doctrine is based on the Fourth Amendment to the United States Constitution, which protects against unreasonable searches and seizures. The Fourth Amendment requires that searches and seizures be conducted in a manner that is reasonable and that they be supported by a warrant.

If the police conduct a search or seizure in an unreasonable manner, or without a warrant, then the evidence that is obtained from that search or seizure may be “tainted” and not admissible in court. The “fruits of the poisonous tree” doctrine is an important rule that helps to protect against illegal or improper police conduct. The rule ensures that evidence that is obtained through illegal or improper police conduct is not used to convict a person of a crime. The rule is based on the Fourth Amendment to the United States Constitution, which protects against unreasonable searches and seizures. Bearing the above reasons in mind, then the courts should use the fruits of the poisonous tree doctrine to exclude any illegally obtained evidence.

Conclusion

This paper has argued that the exclusionary rule and the fruits of the poisonous tree doctrine are two important tools that courts should use to exclude evidence that was illegally obtained. Both of these doctrines serve to protect the rights of individuals and to ensure that the government does not abuse its power. The exclusionary rule prevents the government from using evidence that was obtained illegally. This rule is important because it deters the government from engaging in illegal activities and ensures that individuals are not convicted based on evidence that was obtained unlawfully. The fruits of the poisonous tree doctrine prevents the government from using evidence that was obtained as a result of illegal activity. This doctrine is important because it ensures that the government cannot benefit from its own illegal actions. Overall, the exclusionary rule and the fruits of the poisonous tree doctrine are beneficial for the rights of everyone in the country. These doctrines protect individuals from government abuse and ensure that the government is held accountable for its actions, and, therefore, the courts should use them accordingly.

References

Gan, Yuting, Discussion on Regulation of Illegal Evidence Exclusion, 2017 International Conference on Economics and Management, Education, Humanities and Social Sciences (EMEHSS 2017), Atlantis Press, (2nd edn, 2017), 43.

Gless, Sabine, and Laura Macula, Exclusionary Rules—Is It Time for Change? Do Exclusionary Rules Ensure a Fair Trial? (3rd edn, 2019), 349.

Gless, Sabine, Protecting human rights through exclusionary rules? Highlights on a conflict in criminal proceedings from a comparative perspective, Justice Without Borders, Brill Nijhoff, (2018), 159-179.

Turner, Jenia Iontcheva, and Thomas Weigend, the purposes and functions of exclusionary rules: a comparative overview, Do Exclusionary Rules Ensure a Fair Trial? (2019), 255-282.