Similar to the exclusionary rule, fruits of the poisonous tree are evidence that can be omitted from court. If a search was conducted in violation of the Constitution and evidence from that search further lead to more evidence of wrong doing, that evidence as well would not be allowed to prosecute the defendant (Hall, 2014). Here is an example of when evidence would be fruit of the poisonous tree. A police detective receives a tip that methamphetamine is being sold out of a home. The detective knocks on the door to the suspected home and requests permission to search the premises and is denied by the homeowner. The detective tells the homeowner that he has information suggesting drugs are being sold out of the home and told the homeowner
“Strange Fruit” by Billie Holiday conveys the inhumane, gory lynchings of African-Americans in the American South, and how this highly unnatural act had entrenched itself into the society and culture of the South, almost as if it were an agricultural crop. Although the song did not originate from Holiday, her first performance of it in 1939 in New York City and successive recording of the song became highly popular for their emotional power (“Strange fruit,” 2017). The lyrics in the song highlight the contrast between the natural beauty and apparent sophistication of the agricultural South with the brutal violence of lynchings. Holiday communicates these rather disturbing lyrics through a peculiarly serene vocal delivery, accompanied by a hymn-like
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
Frye v. United States and Daubert v. Merrell Dow Pharmaceuticals are both legal decisions that set forth standards as they pertain to the admissibility of scientific or forensic evidence, and the admissibility of expert witness testimony. Both cases deal with the admissibility of evidence in judicial proceedings, and prevent prosecutors from abusing the use of expert witnesses and testimony. Due to a loophole that dismisses recent scientific advances when applying the Frye Rule, the Supreme Court revisited Frye, and “took the occasion to issue guidelines for deciding the admissibility of scientific evidence” (Gaensslen, Harris, & Henry, 2008, p. 53). The decision resulted in a five-prong approach called the Daubert Standard.
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
If handled with care the evidence can be the best assistance to the crime investigator and can be used as a major proof in court. To improve the investigation any detective or expert has to admit the necessity of the non-movable items observation and processing apart from the regular movable evidence collection.
(Legal dictionary, 2015). Exceptions to the Exclusionary Rule. “ Good faith exception – this exception allowing evidence obtained by law enforcement or police officers who rely on a search warrant they believe to be valid to be admitted at a trial. “ (Exclusionary rule, 2015) “ Attenuation Doctrine – an exception permitting evidence improperly obtained to be admitted at trial if the connection between the evidence and the illegal means by which it was obtained is very remote “. (Exclusionary Rule, 2015) The next exception of the exclusionary rule is the “ Independent Source Doctrine, this is an exception permitting evidence obtained illegally too be admitted at trial if the evidence was later obtained by an independent person through legal activities. (Exclusionary Rule, 2015).
Testimonial evidence is oral or written assertion offered in a court as proof of the truth of what is being stated. It includes testimony and hearsay evidence. This is typically known for being one of the most popular types of evidence. It’s normally what you would see in movies or on TV shows, such as law & order. An example of this would be when a witness is called to the witness stand under oath and they speak to a jury, about what they know in regards to the facts of a case.
Evidence essentially comes in two forms: verbal or physical. For instance, verbal evidence could be spoken evidence acquired from a wiretap. Physical evidence could include DNA, blood, or bodily samples. Another reliable origin evidence is digital documentation. “As technology has become more portable and powerful, greater amounts of information are created, stored, and accessed” (GEDJ). Over the past few decades, technology has advanced to extreme levels! The most common technology used to find digital evidence are cell phones, computers, tablets, external storage devices, GPS locators, and various other devices (GEDJ). Text messages, social media posts, pictures, etc. are becoming more common data in investigations of the modern era. “Digital evidence can come from both suspects and victims, as all involved parties may have their own personal devices that are relevant to the investigation” (GEDJ). If they are available, computers, phones, social media and much more are very useful sources of gathering data for a criminal case. For instance, both the suspect and the victim may have text messages on their cell phones that could add to the search. “In some criminal cases, digital evidence can be useful if the suspect had associated with it. In some cases it can lead you in the wrong direction or to the wrong people. Or it could simply be useless if the suspect didn 't use anything
In the short story of “ The Cask of Amontillado” written by Edgar Allen Poe and the poem” A Poison Tree” by William Blake a theme about revenge is used for both the story and the poem. The theme that is used is when anger is nurtured it can turn into a poisonous revenge. To develop the themes of revenge, both writings both the authors used dramatic irony and sensory details.
...al argument made to keep the jury from hearing the entomological evidence. It is important to understand the practice of entomology and how it relates to criminal cases. The entomologist must have a background in legal practices as well as his or her scientific discipline, (Esf.edu).
...’ testimony at trial. This rule has played a big role in the American system like in the case of Mapp V. Ohio. Ohio police officers had gone to a home of a women to ask her question about a recent bombing and requested to search her house. When she denied them access, they arrested her and searched her house which led them to find allegedly obscene books, pictures, and photographs.
In order for evidence to be used in court, it must be collected and tested by valid methods. The collection of evidence must be completed carefully and properly to prevent cross-contaminating or destroying the evidence. Before evidence can be collected at a crime scene, the area must be secured to ensure everyone stays safe and that the evidence is not destroyed. After the scene is secured by all proper measures, the collection process can begin. The first items to be collected are those that are transient, fragile or perishable. Hair, fibers and small shards of glass are all
In “A Poison Tree,” by William Blake is a central metaphor explains a truth of human nature. The opening stanza sets up everything for the entire poem, from the ending of anger with the “friend,” to the continuing anger with the “foe.” Blake startles the reader with the clarity of the poem, and with metaphors that can apply to many instances of life.
Anton Chekov's The Cherry Orchard serves as a glimpse into the lives of upper middle-class Russians at the turn of the century. The play at times seems to be a regretful account of past mistakes, but at other times it seems very comedic. The final outcome tends to classify it primarily as a tragedy with no shortage of lighthearted moments. It invokes many feelings within the reader: joy, regret, pity, and anger are all expressed among the interactions of several characters with rich and complicated personalities. The reader finds some parts of the characters appealing and some parts disgraceful. This complexity enhances the authenticity of the roles and in turn augments the reader's emotional involvement.