4 ms·

Throw it away. Otherwise we may as well go with extrajudicial punishments. It is not a slippery slope. It is direct jump in the abyss.

aquadrop 10y ago
Lets go one step further. Some man was convicted for serious crime and sent to jail, shortly after that in parallel case investigation comes up with very strong evidence (like videotape) that actually this person they are trying to convict here is responsible for both crimes. What judge should do? Overall point, if we throw away illegal evidence for conviction, can we use it for proving not guilty?
- venomsnake 10y ago
  Yes. Mostly because you are not infringing on the rights of person Number 1. But you cannot use it convict Number 2 (pun not quite intended) for the crime N1 was convicted of.
  - aquadrop 10y ago
    I see, though there could be third party, which could be hurt by not using this evidence (e.g. 'their rights were infringed' in some sense). Imagine how would feel family of a victim of a rapist/murdered who was freed on a technicality.
- Retric 10y ago
  Defense is not working for the government and can use any evidence illegal or not.
  - knowaveragejoe 10y ago
    Is that how that actually works?
    - Retric 10y ago
      It's complicated. http://criminal.findlaw.com/criminal-procedure/how-to-suppress-evidence.html http://criminal.findlaw.com/criminal-procedure/how-to-suppre... The government can use evidence collected illegally if provided by a private party not at the behest of the government. AKA: Cops can't pay a PI to break into someone's house. Prosecutors can use evidence from a criminal who broke into someone's house and then sent it to the police. Prosecutors can use evidence collected by cops while in active pursuit of a third party. There is also evidence that neither side can use. But, the https://en.wikipedia.org/wiki/Exclusionary_rule https://en.wikipedia.org/wiki/Exclusionary_rule only applies to prosecutors.

aquadrop 10y ago

Lets go one step further. Some man was convicted for serious crime and sent to jail, shortly after that in parallel case investigation comes up with very strong evidence (like videotape) that actually this person they are trying to convict here is responsible for both crimes. What judge should do? Overall point, if we throw away illegal evidence for conviction, can we use it for proving not guilty?

venomsnake 10y ago
Yes. Mostly because you are not infringing on the rights of person Number 1. But you cannot use it convict Number 2 (pun not quite intended) for the crime N1 was convicted of.
- aquadrop 10y ago
  I see, though there could be third party, which could be hurt by not using this evidence (e.g. 'their rights were infringed' in some sense). Imagine how would feel family of a victim of a rapist/murdered who was freed on a technicality.
Retric 10y ago
Defense is not working for the government and can use any evidence illegal or not.
- knowaveragejoe 10y ago
  Is that how that actually works?
  - Retric 10y ago
    It's complicated. http://criminal.findlaw.com/criminal-procedure/how-to-suppress-evidence.html http://criminal.findlaw.com/criminal-procedure/how-to-suppre... The government can use evidence collected illegally if provided by a private party not at the behest of the government. AKA: Cops can't pay a PI to break into someone's house. Prosecutors can use evidence from a criminal who broke into someone's house and then sent it to the police. Prosecutors can use evidence collected by cops while in active pursuit of a third party. There is also evidence that neither side can use. But, the https://en.wikipedia.org/wiki/Exclusionary_rule https://en.wikipedia.org/wiki/Exclusionary_rule only applies to prosecutors.