As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded on the basis of the exclusionary rule while the physical evidence is excluded on the basis that it's the fruit or product of illegal interrogation. The significance of the exclusionary and the fruit of poisonous

This kind of evidence differs from circumstantial evidence. Circumstantial evidence attempts to prove some facts by attesting to or proving events or circumstances from which other occurrences may be reasonably inferred. It differs from direct evidence, which does not need reasonable inference to prove a fact. A d) Relevant evidence attempts to prove or disprove any issue of fact, which has some consequence to a given case (FindLaw 2009). It

His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means. The State will argue that no warrant was required for Hardbutt to search the premises because Hiphop consented to the search and voluntarily allowed Hardbutt onto the premises. Therefore, even if the drugs are excluded as the subject of the interrogation, the deer carcass was never discussed

Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate. Yes, the criminal justice system discriminates. African-American males are overrepresented in every part of the criminal process, though there has been no good evidence to show that they actually engage in criminal behavior at rates

Criminal Proceedings -- Probable Cause The Law information site provided by Cornell University defines probable cause as the requirement that is found in the Fourth Amendment to the Constitution that "…must usually be met before police make an arrest" or conduct a search or get a warrant from a judge (www.law.cornell.edu). Most courts find probably cause a justifiable reason to issue a warrant when there is "…a reasonable basis for believing

Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" of the nature described in Hudson would not trigger the exclusionary rule (Schott, 2006).. Ultimately, as constitutional criminal procedure developed since Mapp, a balance arose between the need to safeguard the constitutional rights of