Fruit of the poisoned tree |
Track this thread - Email this thread - Print this thread - Download this thread - Subscribe to this forum |
Feb 3 2018, 08:01 AM
Post
#1
|
|
Paul Hyett
Joined: 4 April 2006
Posts: 25,346 User: 364 |
This refers to evidence obtained illegally being used for prosecution.
https://www.lawgazette.co.uk/comment-and-op...5062566.article Should evidence obtained illegally be allowed to be used in court? |
|
|
Feb 3 2018, 02:46 PM
Post
#2
|
|
Paul Hyett
Joined: 4 April 2006
Posts: 25,346 User: 364 |
I voted no, since I wouldn't want evidence obtained by, say, coercion to be used to prosecute anyone.
This post has been edited by vidcapper: Feb 3 2018, 02:46 PM |
|
|
Feb 3 2018, 02:55 PM
Post
#3
|
|
BuzzJack Legend
Joined: 13 April 2007
Posts: 36,653 User: 3,272 |
The current position seems to be typically vague with the decision left to the judge and the CPS. That has a lot to be said for it. I would hope that evidence gained buy coercion would, in general, be rejected as inadmissible. As the article states, even if the evidence is used, the person who uncovered it still risks being prosecuted themselves.
|
|
|
Feb 3 2018, 03:01 PM
Post
#4
|
|
Paul Hyett
Joined: 4 April 2006
Posts: 25,346 User: 364 |
The current position seems to be typically vague with the decision left to the judge and the CPS. That has a lot to be said for it. I would hope that evidence gained buy coercion would, in general, be rejected as inadmissible. As the article states, even if the evidence is used, the person who uncovered it still risks being prosecuted themselves. But has that ever actually happened, I wonder? |
|
|
Feb 3 2018, 03:05 PM
Post
#5
|
|
BuzzJack Legend
Joined: 13 April 2007
Posts: 36,653 User: 3,272 |
|
|
|
Feb 3 2018, 04:34 PM
Post
#6
|
|
BuzzJack Legend
Joined: 18 July 2012
Posts: 22,812 User: 17,376 |
depends on the situation. A leak of facts, yes it should be legal. Coercion, as in beating a confession out of someone, no, because it's unreliable. Faced with violence people will admit to flying to the moon and back to avoid further beatings and torture.
|
|
|
Feb 3 2018, 05:49 PM
Post
#7
|
|
Queen of Soon
Joined: 24 May 2007
Posts: 74,074 User: 3,474 |
I think when it is deemed "fruit of the poison tree" because there's a very tiny technical flaw with a search warrant or something is a little bit of a joke - mainly because it lets clearly guilty criminals off to hook. However, at the centre of our justice system is fairness and I think for the justice system to continue to act independently, beyond reproach then this concept needs to remain. Start overlooking it a couple of times and down the road you end up with things that are rightfully thrown out becoming the new grey area.
|
|
|
Time is now: 19th April 2024 - 11:07 AM |
Copyright © 2006 - 2024 BuzzJack.com
About | Contact | Advertise | Privacy Policy | Terms of Service