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

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case study
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  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).

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