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Politics : Formerly About Advanced Micro Devices

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To: Amy J who wrote (275584)2/20/2006 1:44:57 AM
From: Elroy  Read Replies (1) of 1577585
 
1. Judges should not be allowed to toss out evidence that proves murder.

That may be correct, but in your example it sounded like the judge tossed out evidence because it could be tainted evidence which, if not tainted, would prove murder. The police had the car for ~24 days in order to get some fibers which should take an hour to scrape off a seat, right? Having the car for 25 days and then finding the fiber makes it suspicious, so the evidence sounds dodgy.

I'm no legal expert, but I think most of the times that "evidence" is disallowed it is because either the evidence is obtained in a way that makes the evidence tainted, or the method of obtaining the evidence is illegal.

2. Likewise, prosecutors should never be allowed to withhold evidence that might help the defendant (which apparently happens in Calif, which is really unethical.)

Yeah, I agree there is a problem in the legal system because prosecutors get rewarded and promoted based on convictions, making it likely they will sometimes prosecute in the interest of winning rather than in the interest of justice. That's one of the big arguments against the death penalty that makes sense to me.
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