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If the evidence was obtained using illegal methods, all that evidence can't be presented at trial and the jurors can't take that information into account when d
by roel_v 12y ago
If the evidence was obtained using illegal methods, all that evidence can't be presented at trial and the jurors can't take that information into account when deciding guilty or not. There are many people who are acquitted for things they obviously did, but for which there is no formal legal way of proving it.
- spindritf 12y agoIf the evidence was obtained using illegal methods, all that evidence can't be presented Isn't that for the judge to decide? Judge decides what can be presented to the jury, and jury renders the verdict, right? Then the argument doesn't need to be dumbed down for the jury. They won't see it at all. Although the argument will still probably have to be dumbed down for the judge.
- gambiting 12y agoNope. A judge cannot decide to admit an illegally obtained evidence, no matter what it is.
- spindritf 12y agoOK but he gets to decide if it was illegally obtained.
- _archon_ 12y agoThis is decided in pretrial hearings. There have been entire cases based on the admissibility of evidence. If the judge rules it is or is not admissible, there is some manner of recourse or escalation for the usurped party. IANAL YMMV BBQ