Do We Eat Apples from a Poisonous Tree?

2017. január 30. 08:00 - Gord.ius

Part II. - The Typology of “Tainted” Evidence – Based on the American Experience

What does the Bible have to do with the exclusion of evidence? While the question might sound perplexing, the answer is simple. The “fruit of the poisonous tree” is tainted, therefore it is forbidden. Whomever offers it, shall be cast out of Eden. The Eden of the courtroom. In the following, we…

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Do We Eat Apples from a Poisonous Tree?

2017. január 22. 21:56 - Gord.ius

The Exclusion of Illegally Obtained Evidence and Comparative Constitutional Law - Part I.

  How were the seeds of the “poisonous tree” planted in the practice of the Supreme Court of the United States? How did this tree yield a fruit that is just as poisonous? Poisonous, that is to the justice system. In other words: How was the exclusionary rule created, and why is it important for us…

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