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What importance to the US criminal justice is the exclusionary rule and fruit of the poisonous tree doctrine?
Wiki User
∙ 9y ago
Fruit of the poisonous tree is any evidence obtained as a result of a violation of the accused's rights. It is important because it forces police to respect your Fourth Amendments rights or they can lose important evidence.
Wiki User
∙ 9y ago
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What legal doctrine was established to control police misconduct?
The legal doctrine established to control police misconduct is called "qualified immunity." This doctrine protects government officials, including police officers, from being held personally liable for civil damages as long as their actions did not violate clearly established statutory or constitutional rights.
What are exceptions to the fruit of the poisonous tree doctrine?
The fruit of the poisonous tree doctrine is an extension of the Exclusionary Rule that applies to indirect evidence obtained through a Fourth Amendment illegal search and seizure.There are several exceptions to both the Exclusionary Rule and the fruit of the poisonous tree doctrine:Independent Source Doctrine: Evidence discovered in part from an independent, untainted source. [Murray v. United States,(1988)]Inevitable Discovery Rule: the evidence would have been found despite the unconstitutional action. [Nix v. William, (1984)]Attenuated Connection Principle: The chain of cause and effect is too attenuated to tie directly to the unconstitutional action. [Wong Sun v. United States, (1963)]Good Faith Rule: A search warrant not based on probable cause was issued, but acted upon in good faith by government agents. [US v. Leon, (1984).]
What type of defense that is based on problems with the way evidence is obtained?
It is known as the 'Exclusionary Rule' - more commonly referred to as the "Fruit of the Poisoned Tree Doctrine." See below link:
What was the importance of the Venezuelan boundary dispute to the US?
The Monroe Doctrine
What was the importance of the Truman doctrine?
nova net answer: it sought to contain the spread of communism
What the importance of the Monroe doctrine?
It prevented European colonization and intervention in the Western Hemisphere.
What is the definition of attenuation doctrine?
The rule by providing that evidence obtained bt illegal means may nonethless be admissible if the connection between the evidence and the illegal means is sufficiently remote. This is an exception to the "Fruits-of-the-Poisonous-Tree doctrine.
In the state of Texas the criminal court system does not recognize the doctrine known as fleeing felon rule is this true or false?
true
What US Supreme Court decision established the 'fruit of the poisonous tree' doctrine?
The "fruit of the poisonous tree" is a legal doctrine that prohibits the use in a criminal trial of any evidence that was obtained by means of an illegal arrest, an unauthorized search or from an illegal interrogation by any law enforcement body. "The fruit of the poisonous tree" is therefore a metaphor. The illegal arrest, search and interrogation would be the poisonous tree. The evidence derived by any of those means would be the fruit from the poisonous tree. For a good discussion on this doctrine see the link provided below.
What is the The rule that illegally obtained evidence cannot be used in court?
It is called the exclusionary rule (originating in 1769 England, it was not tested until 1886 in the United States: Boyd VS United States and a strong federal stance on the issue in 1914: Weeks VS United States).
Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?
The doctrine you are referring to is called the "attenuation doctrine." It provides that evidence collected through unlawful or unconstitutional means can be admissible in court if the connection between the illegal action and the evidence is weak enough that it becomes "attenuated" or distant. The court will weigh factors such as the passage of time, intervening events, and voluntariness of consent when applying this doctrine.
Did America use poisonous gas in the Vietnam war?
No. During that war it was US doctrine to utilize chemical warfare only for retaliation; the US would not use it first. Biological warfare was not US doctrine. Not to be used. The US reserved the right to "first strike" with nuclear weapons.
