Should illegally obtained evidence then be admissible in court essay
It is difficult to extract clear and coherent principles from the Strasbourg jurisprudence.
Evidence obtained by illegal means
It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. The use of wrongfully obtained evidence at a trial does not ipso facto render the trial unfair in the narrow sense. An examination of the case-law suggests that there is room for greater critical engagement on the meaning of a fair trial, clearer articulation of how fairness is undermined by allowing reliance on wrongfully obtained evidence, and deeper reflection on whether the fair trial rationale provides a sufficiently broad basis for exclusion. Ohio, U. To put it in other words, the exclusionary rule is controversial. It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleagues. He objected stating that the evidence was taken without any warrant, therefore violates his Fourth and Fifth Amendment. Because of this case, Exclusionary rule was created. If they are required to remove all doubt of influence or fear, they would never be able to achieve anything. It explores the premises underlying, and the limitations of adopting, the fair trial rationale in these three jurisdictions. Incumbent is then, that the knowledge that officers obtain is thorough and extensive, so when they have to take actions they do it precisely and with a clear mind.
Each rationale shapes the scope of such power differently. Officers know that they do not have infinite power, they have to follow rules stipulated by the Constitution that sets limits.
For example, an accused who is convicted on evidence obtained from him by torture has not had a fair trial. One way of getting around this difficulty is to treat the police and prosecution not as separate agents but as members of the collective agent that is the state.
The accused has a right to present his or her evidence assisted by a lawyer at the trial. In effect, he was misled into condemning himself. It explores the premises underlying, and the limitations of adopting, the fair trial rationale in these three jurisdictions.
based on 44 review