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Wednesday, April 27, 2022

Court Suppressed Evidence

     In United States criminal procedure, if law enforcement personnel violate a suspect's constitutional rights in acquiring evidence, that evidence--the results, say, of an illegal arrest or search--cannot be introduced in court. This is called the "exclusionary rule."

     Evidence can also be kept from the jury if a judge deems it hearsay, irrelevant, speculative or prejudicial to the defendant.

     U.S. Supreme Court Justice Samual Alito once wrote that "Exclusion of evidence exacts a heavy toll on both the judicial system and society at large. It almost always requires courts to ignore reliable, trustworthy evidence bearing on guilt or innocence. And the bottom-line effect, in many cases, is to suppress the truth and set the criminal loose in the community without punishment."

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