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View Diary: Rove To Be Interviewed On U.S. Attorney Firing Scandal (70 comments)

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  •   'Fruit of the poisoned tree' has been overturned (1+ / 0-)
    Recommended by:
    Puddytat

    such tainted evidence has been allowed
    for over ten years

    •  Didn't know that...thanks. (0+ / 0-)

      And now, purely for its comedic effect: Palin/Jindal 2012!

      by WSComn on Thu May 14, 2009 at 04:15:49 PM PDT

      [ Parent ]

    •  Change that...Actually, now that I look at it (1+ / 0-)
      Recommended by:
      Puddytat

      I'd like a cite for your 'overturned' statement.  I think I spoke too soon agreeing with you.

      As far as I can tell, exclusionary rule is still very much in effect at the discretion of the judge, as it has been since the 20's, instructing them to  base their decisions on how the evidence was obtained rather than how damning such evidence is to the defendant's case.

      Has the rule been overturned, or have the judges just acted on it unfavorably for criminals for political reasons?  After all, discretion plays a big part in the rule's application in court.

      Please cite, as I'm no expert.

      Thanks.

      And now, purely for its comedic effect: Palin/Jindal 2012!

      by WSComn on Thu May 14, 2009 at 04:24:08 PM PDT

      [ Parent ]

    •  i.e. many loopholes upheld ("given voluntarily") (0+ / 0-)

      so as doctrine to be defacto "overturned"

      •  many exceptions (0+ / 0-)

        something from a quick search:

        http://www.crf-usa.org/...

        see 'The Exclusionary Rule' at bottom of page linked.
        google has a gaggle of examples.

        things can be excluded under exclusionary rules.  but the specific exlusionary principle called  'the doctrine of the fruit of the poisonous tree' seems, to this layman, to have been shot full of holes.

        it seems that if it proves guilt, even if acquired "illegally", it will be admitted.

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