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

Voters
44. You may not vote on this poll
  • Yes

    4 9.09%
  • No

    40 90.91%
Page 1 of 8 123 ... LastLast
Results 1 to 10 of 76

Thread: illegal evidence

  1. #1
    Sage
    Kreton's Avatar
    Join Date
    Apr 2011
    Location
    Colorado Springs
    Last Seen
    11-13-17 @ 08:01 PM
    Gender
    Lean
    Other
    Posts
    6,118

    illegal evidence

    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?
    “Most people do not listen with the intent to understand; they listen with the intent to reply.”
    Stephen R. Covey


  2. #2
    Pontificator
    iliveonramen's Avatar
    Join Date
    Sep 2011
    Location
    On a Gravy Train with Biscuit Wheels
    Last Seen
    Today @ 04:08 PM
    Gender
    Lean
    Very Liberal
    Posts
    9,206

    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?
    Cops shouldn't be searching your house unless they have a warrant. Why exactly should there be any incentive to act illegally by law enforcement?
    “Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone.” John Maynard Keynes

  3. #3
    Sage
    mak2's Avatar
    Join Date
    Jul 2012
    Location
    Indiana
    Last Seen
    07-08-16 @ 01:58 AM
    Gender
    Lean
    Undisclosed
    Posts
    12,050

    Re: illegal evidence

    If the police know they wont be able to use the evidence they will not be tempted.
    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?
    God Bless the Marine Corps.

  4. #4
    Ho, ho, ho.
    Superfly's Avatar
    Join Date
    Jul 2011
    Location
    East Coast
    Last Seen
    Today @ 05:09 PM
    Gender
    Lean
    Liberal
    Posts
    21,638

    Re: illegal evidence

    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.
    Quote Originally Posted by Chomsky
    It's easy to be a Conservative, until you need help.
    Quote Originally Posted by Cardinal
    After years of condemning Bill Clinton for being a rapist, Republicans apparently changed their minds about the whole thing and elected one of their own.
    Quote Originally Posted by iliveonramen
    Fox News knows their audience. Nuance and facts aren't why they tune in.

  5. #5
    Sage
    Kreton's Avatar
    Join Date
    Apr 2011
    Location
    Colorado Springs
    Last Seen
    11-13-17 @ 08:01 PM
    Gender
    Lean
    Other
    Posts
    6,118

    Re: illegal evidence

    Quote Originally Posted by iliveonramen View Post
    Cops shouldn't be searching your house unless they have a warrant. Why exactly should there be any incentive to act illegally by law enforcement?
    Im not saying they should be. The cop searching the persons house is wrong, and that cop should be punished, whatever the sentencing for B&E is possibly. But that doesn't change the person's guilt. They should still be accountable for what they've done.
    “Most people do not listen with the intent to understand; they listen with the intent to reply.”
    Stephen R. Covey


  6. #6
    Banned
    Join Date
    Mar 2010
    Last Seen
    07-19-17 @ 03:51 PM
    Gender
    Lean
    Libertarian
    Posts
    60,458

    Re: illegal evidence

    If the evidence is still permissible then people aren't being protected from illegal search and seizure.

    Considering that cops are rarely punished to any reasonable level it would be unwise to allow illegal evidence collection to be permissible in court.

  7. #7
    Sage
    Kreton's Avatar
    Join Date
    Apr 2011
    Location
    Colorado Springs
    Last Seen
    11-13-17 @ 08:01 PM
    Gender
    Lean
    Other
    Posts
    6,118

    Re: illegal evidence

    Quote Originally Posted by Henrin View Post
    If the evidence is still permissible then people aren't being protected from illegal search and seizure.
    There are other ways. Doesn't the victim of the crime deserve justice?
    “Most people do not listen with the intent to understand; they listen with the intent to reply.”
    Stephen R. Covey


  8. #8
    Global Moderator
    Moderator

    Zyphlin's Avatar
    Join Date
    Jul 2005
    Location
    NoMoAuchie
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    47,994

    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?
    No, it shouldn't.

    If you allow evidence obtained illegally to be used in trial than you incentivize illegal collection of evidence in situations where it would be difficult to legally obtain said evidence otherwise. You also incentivize law enforcement to illegally attempt to gain evidence in situations where there it may not even exist, and so your rights are trampled upon for no good reason.

    Everyone is presumed innocent until proven guilty. A cop ignoring the law to get evidence does so only based on an assumption of guilt.

  9. #9
    Sage
    mak2's Avatar
    Join Date
    Jul 2012
    Location
    Indiana
    Last Seen
    07-08-16 @ 01:58 AM
    Gender
    Lean
    Undisclosed
    Posts
    12,050

    Re: illegal evidence

    Lets say I am a police officer and I "know" this guy in my small town is selling drugs. I really want to make the bust but the guy just never screws up. So I bust in the damn door and take his joints and arrest him for marijuana possession. Now the just gets all PO'd at me, but what, exactly, can he charge me with? I did not steal the pot, illegal search and seizure? Breaking and entering? what if hte door was unlocked or the LEO dressed up as a pizza guy and was let in. I think allowing illegally gained evidence in court would do far more harm in the long run.
    Quote Originally Posted by Kreton View Post
    Im not saying they should be. The cop searching the persons house is wrong, and that cop should be punished, whatever the sentencing for B&E is possibly. But that doesn't change the person's guilt. They should still be accountable for what they've done.
    God Bless the Marine Corps.

  10. #10
    Global Moderator
    Moderator

    Zyphlin's Avatar
    Join Date
    Jul 2005
    Location
    NoMoAuchie
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    47,994

    Re: illegal evidence

    Quote Originally Posted by Kreton View Post
    There are other ways. Doesn't the victim of the crime deserve justice?
    The victims rights don't supercede any body elses rights. As horrible as a criminal may be, they still have their rights.

    A victim has a right to justice, but the criminal still has a right to be free of illegal search and seizures.

    Justice obtained via illegality is retribution or vengence, as it is not "just".

Page 1 of 8 123 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •