Criminal Evidence

Topics: Criminal law, Fourth Amendment to the United States Constitution, Crime Pages: 3 (756 words) Published: April 6, 2014


Criminal Evidence
Uniqua Campbell
Central Carolina Technical College
February 3, 2014

What is criminal evidence? Criminal evidence is any exhibit or testimony that will identify guilt, blame, or fault in a criminal case. In many cases, it is questioned upon what actually constitutes “acceptable” evidence (Ellis, 2008). From time to time there have been many cases which have been thrown out, and criminals who have gone free, because the evidence was “corrupt” so to say. To be sure of whether the evidence presented is admissible, one must adhere to but not limited to one of the following: the exclusionary rule, and the fruit of the poisonous tree. The Exclusionary Rule

The exclusionary rule is available to the defendant in a criminal case as a benefit in the act of a violation to their fourth amendment right, against unconstitutional searches and seizures (Cornell University Law School). In the Brady v. Maryland case, John Brady and an accomplice committed murder in the act of robbery. The two men were tried, convicted, and sentenced to death. However, after the trial Brady’s lawyer was aware that the other accomplice had already confessed that he was the killer. Therefore, Brady made an appeal, stating that if the accomplice confession had been presented to the jury, then they would have favored in life imprisonment for him instead of the death penalty. And upon appeal, the Supreme Court ruled in his favor to grant him a new penalty trial (Rutledge, 2011). The exclusionary rule also states that any other evidence found within the illegal search will also be turned down, and this concept is known as the fruit of the poisonous tree. The Fruit of the Poisonous Tree

The exclusionary rule constrains any evidence that was obtained through an unlawful search be presented in trial. And the fruit of the poisonous tree considers that any further evidence also found as a result of the unlawful search will also be...

References: Cornell University Law School. (n.d.). Exclusionary Rule. Retrieved February 3, 
     2014, from Legal Information Institute website: http://www.law.cornell.edu/ 
     February 3, 2014, from wiseGeek: clear answers for common questions 
     website: http://www.wisegeek.com/what-is-criminal-evidence.htm 
Pfeifer, J. (2006, July 12). The State of Ohio v. Farris. Retrieved February 3, 
     2014, from http://www.sconet.state.oh.us/rod/docs/pdf/0/2006/ 
Walters, K. (2011, October 7). Fruit of Poisonous Tree. Retrieved February 3, 
     2014, from American Criminal Law Review website: 
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