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Evidence chapter 7

QuestionAnswer
Fruit of the poisonous tree doctrine US developed exclusionary rule for illegally obtained evidence. Mandatory exclusion of improperly obtained evidence
Exception of fruit of poisonous free doctrine police acting in good faith when they violated accused's rights
Nix v. Williams "inevitable discovery exception"-evidence is admissible if they can prove that they would have inevitably discovered it anyway by lawful means, regardless of their illegal action. USA
Common law: Illegally obtained evidence In common law, olden days, real (physical) evidence was not excluded at trial when accused's rights were violated in obtaining such evidence. Rationale: trier of fact needs all relevant info prior to reaching decision
Wray case 1970 On the exclusion of improperly obtained evidence. Judge's discretion to exclude evidence would be restricted to cases where it would be unfair to admit it.
Canadian bill of rights 1960 Had no enforcement provisions. Without that, courts developed own method of enforcing rights.
Drybones case (bill of rights) court reluctant to use bill of rights to exclude evidence, even if method obtained violated accused's rights
Hogan case (bill of rights)-reject US model of excluding such evidence Accused brought to police to be breathalyzed, person denied lawyer contrary to his rights. Hogan obliged police. Court of appeal said violation of rights under bill of rights calls for exclusion of evidence
Created by: gloria22