Search icone
Search and publish your papers
Our Guarantee
We guarantee quality.
Find out more!

Criminal Evidence and Procedure- if judge decides to exclude the evidence can the prosecution introduce it at the trial?

Or download with : a doc exchange

About the author

Finance officer
Level
General public
Study
economics
School/University
London...

About the document

Ethfd f.
Published date
Language
documents in English
Format
Word
Type
case study
Pages
3 pages
Level
General public
Accessed
1 times
Validated by
Committee Oboolo.com
0 Comment
Rate this document
  1. Introduction
  2. Criminal Evidence and Procedure
  3. In case the judge decides to exclude the evidence can the prosecution introduce it at the trial?
  4. How does the concept of "fruit of the poisonous tree" apply in this scenario? How can your defense team get around it?
  5. If the evidence is admitted, how else can you challenge it?
  6. Is there any possibility the judge may dismiss the case based on the evidence of the murder weapon not being introduced into evidence?
  7. Conclusion

The evidence falls under the Exclusionary Rule, which prevents the prosecutor from relying on evidence gathered through means that violate the Constitution. There was no search warrant in getting the evidence and it resulted in illegal search and seizure which is against the dictates in the Fourth Amendment on protection of individuals and their property. In the case of Wong Sun v. United States, 371 U.S. 471 (1963), policemen unlawfully entered Toy's laundry making him admit that Yee was selling drugs. The narcotics agents then went to Yee and found the drugs. The court held Toy's statement and the seizure of drugs from Yee should be excluded as evidence because they were seized without a valid warrant and hence inadmissible.
According to Rule 103 (d) of the Federal Rules of Evidence the court is required to use all means practicable, including conducting a jury trial, to ensure that no inadmissible evidence is suggested to the jury. Also, Rule 403 allows the court to exclude relevant evidence that is prejudicial to the defendant. The evidence of the murder weapon should be excluded by the judge since it strengthens the prosecution case to the detriment of the defendant who is prejudiced.

However, the court can allow the prosecutor to introduce the evidence during the trial so as to weaken the credibility of the accused testimony. The evidence has been allowed by Supreme Court to prevent the defendant from committing perjury. The tainted evidence is only viable while impeaching the defendant but not as direct proof of his guilt (McCarr & Nordby, 2001).

[...] Criminal Evidence and Procedure- if judge decides to exclude the evidence can the prosecution introduce it at the trial? Contents Criminal Evidence and Procedure In case the judge decides to exclude the evidence can the prosecution introduce it at the trial? How does the concept of "fruit of the poisonous tree" apply in this scenario? How can your defense team get around it? If the evidence is admitted, how else can you challenge it? Is there any possibility the judge may dismiss the case based on the evidence of the murder weapon not being introduced into evidence? [...]


[...] (1996). Criminal evidence and procedure: The statutory framework. London: Blackstone Press. Seabrooke, S., & Sprack, J. (1999). Criminal evidence and procedure: The esential [i.e. essential] framework. London: Blackstone. [...]


[...] Rule 5.1 Federal Rules of Criminal Procedure provides that if the judge is convinced that the defendant is not culpable then he is obliged to dismiss the complainant and discharge the defendant. Consequently, the case should be forthwith dismissed by the judge for lack of further evidence from the prosecution to link the defendant with the commission of the crime. References Baker, E. R., & Dodge, F. B. (1979). Criminal evidence and procedure. London: Butterworths. Seabrooke, S., & Sprack, J. [...]

Recent documents in criminal law category

Managerial Economics: Welfare Corporate Social Responsibility

 Law & contracts   |  Criminal   |  Case study   |  05/13/2015   |   .doc   |   5 pages

Where Prosecutions Go erroneous - Crime and Punishment

 Law & contracts   |  Criminal   |  Case study   |  04/10/2015   |   .doc   |   3 pages