In a message dated 2/3/00 2:40:14 AM Central Standard Time, rebrown@ucsd.edu 
writes:
> Of course, this gives rise to some pretty ugly ambiguities.  Is
>  improperly handled DNA evidence a technicality or an abuse?  If we're
>  really very oh-so-sure it's uncontaminated, but the possibility still
>  remains, what now? (Ladies and gentlemen of the jury, you are instructed
>  to consider the follow evidence as only sort of admissible.)  Perhaps
>  Greg could speak to the question of whether there could be a clear
>  delineation between technicality and abuse?
Lee has correctly cited Mapp v. Ohio as the genesis of modern exclusionary 
rule evidence.  Like him, I think that the exclusionary rule appears to be 
the most effective tool developed to date to curb enforcement abuses.  The 
Mapp jurisprudence requires a continuing review of law enforcement practice 
by the courts to determine whether "fundamental" rights have been compromised 
by a particular police practice, but they have to do that sort of thing all 
the time.
Of course we DO now have two parallel prosecutorial forces disciplining 
enforcement abuse: 1) In the extreme, police officers and other state 
officials can be held criminally liable for excessive use of force or other 
abuses and 2) the Civil Rights Act of 1964 created both public and private 
civil remedies.  These limiting factors only seem to be effective in extreme 
cases, though.
As for your practical question, I can tell you as a practicing trial lawyer 
that evidence is either "in" or its "out" - limiting instructions from the 
bench don't do anything but draw additional attention to the stuff you're 
trying to minimize.  As we say down here in Texas, "Once you've swung the 
skunk in front of the jury box, you can't get the stink out."
      Greg Burch     <GBurch1@aol.com>----<gburch@lockeliddell.com>
      Attorney  :::  Vice President, Extropy Institute  :::  Wilderness Guide
      http://users.aol.com/gburch1   -or-   http://members.aol.com/gburch1
                                           ICQ # 61112550
        "We never stop investigating. We are never satisfied that we know 
        enough to get by. Every question we answer leads on to another    
       question. This has become the greatest survival trick of our species."
                                          -- Desmond Morris
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