View Poll Results: Should evidence obtained illegally still be used in a trial?

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  • Yes

    4 9.09%
  • No

    40 90.91%
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Thread: illegal evidence

  1. #31
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    Re: illegal evidence

    Quote Originally Posted by Kreton View Post
    Reading another thread on here prompted this question.

    Should evidence obtained illegally still be used in a trial?

    A few things to note. I know what the law currently is so stating that the law is that it is illegal doesn't answer the question. I am asking if you personally think that evidence should be used in the trial.

    For instance if a man is killing someone and video tapes the whole thing. Cops search his house illegally and find the tape. Or anything along those lines. The cops illegal behavior doesn't change that the man committed the crime. So why should it be a factor? Doesn't the victim still deserve justice? Why not keep the evidence, since it is evidence, and instead of allowing a guilty man walk to kill again, instead punish the cop?
    Your problem here is what you think justice is. The reason it can't be used is because there is a procedure to follow and the standard to put someone in jeopardy of life and liberty should be very very high. The cops who do this are often given a slap if it is a mistake and can be severely punished if it is done on purpose. Our society is based on the idea that the government doesn't have free reign to investigate us and need probable cause to collect evidence on us in our homes. That is why we have warrants and the system to obtain them.

    Now if the discovery is eventual it can be brought back in, but the minute we allow police to simply go into our homes to collect evidence on a whim then we are no longer a free society. Guilty people go free because it is better that that happen than have a government without rules to protect our privacy.

  2. #32
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    Re: illegal evidence

    Quote Originally Posted by Superfly View Post
    I vote yes. Evidence is evidence. As long as it's not manufactured evidence, and it still proves the guilt (or innocence) of the person, so it should be able to be used.
    so you don't like the constitution....what else can we throw out.

  3. #33
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    Re: illegal evidence

    Quote Originally Posted by Sababa View Post
    so you don't like the constitution....what else can we throw out.
    I don't think that's what she means at all. It is a shame that evidence that points to someones clear and obvious guilt in a crime has to be discarded, but the principle behind it is more important than the fairness of any one case.
    Einstein, "science without religion is lame, religion without science is blind."

  4. #34
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    Re: illegal evidence

    I voted NO.
    However I do have a qualification. It is possible for evidence to be declared to be illegal because a good defence lawyer meets a crappy judge. That is wrong.
    I am thinking of a specific incident that happened 5-10 years ago around here. A guys buisness was leggally searched based on an informant using a valid search warrant. They found something like 20 million in illegal stuff (cant remember if stolen or drugs, was a large warehouse). They defence lawyer managed to discredit the informant and the judge ruled that the search warrant was invalid and thus the evidence could not be used. Guy walked away scott free despite being guilty as hell. Mind you he did lose 20 million in merchandise.
    It was a big scandal as it was obvioulsy legal manouevering that got the search warrant declared invalid.

    That kind of crap seems wrong but in general is better make sure the authorities have their ducks all in a row so as to avoid abuse.
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  5. #35
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    Re: illegal evidence

    Quote Originally Posted by grip View Post
    I don't think that's what she means at all. It is a shame that evidence that points to someones clear and obvious guilt in a crime has to be discarded, but the principle behind it is more important than the fairness of any one case.
    Yes, it is a shame, but if history weren't full of people in positions of authority abusing said authority then these protections would never have been deemed necessary to begin with.

    Evil resides on both sides of the line of justice. We shouldn't forget that.
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

  6. #36
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    Re: illegal evidence

    Quote Originally Posted by radcen View Post
    Yes, it is a shame, but if history weren't full of people in positions of authority abusing said authority then these protections would never have been deemed necessary to begin with.

    Evil resides on both sides of the line of justice. We shouldn't forget that.
    It speaks more to the imperfect nature of the legal system. It's the best thing we have to dispense justice but it's got obvious flaws.
    Einstein, "science without religion is lame, religion without science is blind."

  7. #37
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    Re: illegal evidence

    Quote Originally Posted by radcen View Post
    Yes, it is a shame, but if history weren't full of people in positions of authority abusing said authority then these protections would never have been deemed necessary to begin with.

    Evil resides on both sides of the line of justice. We shouldn't forget that.
    Actually it should be evil resides on both sides of the law. Because when it is on the side of the law it is no longer justice.
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  8. #38
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    Re: illegal evidence

    Quote Originally Posted by grip View Post
    It speaks more to the imperfect nature of the legal system. It's the best thing we have to dispense justice but it's got obvious flaws.
    I was thinking the imperfections of human nature, but yeah.


    Quote Originally Posted by Quag View Post
    Actually it should be evil resides on both sides of the law. Because when it is on the side of the law it is no longer justice.
    That's what I meant, just phrased awkwardly.
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

  9. #39
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    Re: illegal evidence

    Quote Originally Posted by grip View Post
    I don't think that's what she means at all. It is a shame that evidence that points to someones clear and obvious guilt in a crime has to be discarded, but the principle behind it is more important than the fairness of any one case.
    You are exactly right, Grip, but you know how some people get. "OMG let's get rid of the Constitution!!11!!"
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  10. #40
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    Re: illegal evidence

    Quote Originally Posted by Kreton View Post
    Reading another thread on here prompted this question.

    Should evidence obtained illegally still be used in a trial?

    A few things to note. I know what the law currently is so stating that the law is that it is illegal doesn't answer the question. I am asking if you personally think that evidence should be used in the trial.

    For instance if a man is killing someone and video tapes the whole thing. Cops search his house illegally and find the tape. Or anything along those lines. The cops illegal behavior doesn't change that the man committed the crime. So why should it be a factor? Doesn't the victim still deserve justice? Why not keep the evidence, since it is evidence, and instead of allowing a guilty man walk to kill again, instead punish the cop?

    Only if you don't care about the Constitution and are willing to throw it out the window. I for one....would oppose such a thing.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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