4 ms·
Why let the evidence stand? Shouldn't it be preferable to exclude the illegally-obtained evidence and punish the police for obtaining it illegally?
by yock 11y ago
Why let the evidence stand? Shouldn't it be preferable to exclude the illegally-obtained evidence and punish the police for obtaining it illegally?
- fluidcruft 11y agoI think it depends on whether you think justice should seek truth or some sort of malleable truth theater. Causing an actual criminal go unpunished when extremely convincing evidence of guilt is known (but concealed from the jury) only further harms the victims.
- yock 11y agoIllegally-obtained evidence shouldn't be inadmissible just because it was obtained illegally, but because it is co-mingled with the motives of the official who broke the law to obtain it. You can't possibly know if the evidence is even reliable and accurate because it could just as easily be fabricated to further those illegal motives.