Fruit of the Poisonous Tree: Evidence derived from illegally or improperly obtai

Description: Fruit of the Poisonous Tree by Kerri Mellifont Estimated delivery 3-12 business days Format Hardcover Condition Brand New Description A readily comprehensible analysis of the operation of the exclusionary rule and discretions in Australia, including the factors which come into play generally with respect to all evidence illegally and improperly obtained, and more specifically with respect to derivative evidence. Publisher Description "…The importance of derivative evidence and the way that courts treat its admissibility cannot be underestimated. In many cases, the determination of whether or not derivative evidence will be admitted has the functional effect of deciding the outcome of a trial. …" \nM Wiseman, "The Derivative Imperative: An Analysis of Derivative Evidence in Canada" (1997) 39 Criminal Law Quarterly 435, 491.\nThe fate of a criminal trial can be determined by a decision by the trial judge to exclude evidence which has come about by illegal or improper investigative means. An exclusion of a confession obtained involuntarily, or drugs located in an illegal search, can result in the collapse of a case against an accused.\n\nAlthough much has been written in Australia on the rule and discretions to exclude such evidence, little has been written on a particular species of such evidence, that is, evidence which is derived from evidence which has been obtained by illegal or improper investigative means. This is so even though a criminal law practitioner is not infrequently faced with a brief of evidence which contains evidence which has been derived from other evidence which itself was illegally or improperly obtained.\n\nDescribed variously in overseas literature as "derivative evidence" or "fruit of the poisonous tree", this species of evidence gives rise to considerations which are peculiar to it when applying the exclusionary rule and discretions. Thus, the second or subsequent confession obtained after in consequence of an improperly obtained confession may require the judge to think differently on the question of exclusion. Similarly, the bank records located in consequence of scraps of paper found during an illegal search of an accused persons residence may call into play additional factors to weigh in the balance required by the public policy discretion.\n\nThis text provides practitioners with a readily comprehensible analysis of the operation of the exclusionary rule and discretions in Australia, including the factors which come in to play generally with respect to all evidence illegally and improperly obtained, and more specifically with respect to derivative evidence. Details ISBN 1862877335 ISBN-13 9781862877337 Title Fruit of the Poisonous Tree Author Kerri Mellifont Format Hardcover Year 2010 Pages 250 Publisher Federation Press GE_Item_ID:24434934; About Us Grand Eagle Retail is the ideal place for all your shopping needs! With fast shipping, low prices, friendly service and over 1,000,000 in stock items - you're bound to find what you want, at a price you'll love! Shipping & Delivery Times Shipping is FREE to any address in USA. Please view eBay estimated delivery times at the top of the listing. Deliveries are made by either USPS or Courier. We are unable to deliver faster than stated. International deliveries will take 1-6 weeks. NOTE: We are unable to offer combined shipping for multiple items purchased. This is because our items are shipped from different locations. Returns If you wish to return an item, please consult our Returns Policy as below: Please contact Customer Services and request "Return Authorisation" before you send your item back to us. Unauthorised returns will not be accepted. Returns must be postmarked within 4 business days of authorisation and must be in resellable condition. Returns are shipped at the customer's risk. We cannot take responsibility for items which are lost or damaged in transit. For purchases where a shipping charge was paid, there will be no refund of the original shipping charge. Additional Questions If you have any questions please feel free to Contact Us. Categories Baby Books Electronics Fashion Games Health & Beauty Home, Garden & Pets Movies Music Sports & Outdoors Toys

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