Is exclusion of evidence considered a Trojan Horse in Europe? Do we really need to live by ancient wisdom and beware all Greeks bearing gifts, even they are in the form of forward-looking constitutional rules? Through an overview of European constitutions, we shall have a look at how differently…
Do We Eat Apples from a Poisonous Tree?
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…
Do We Eat Apples from a Poisonous Tree?
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…