On Monday, September 25, 2000 4:07 PM David Lubkin lubkin@unreasonable.com
wrote:
> The standard in the United States is that illegally obtained evidence is
> inadmissible. Cops or prosecutors who illegally obtain evidence are
> subject to disciplinary action.
>
> This seems like the wrong solution. What I suggest instead is that in
some
> situations of illegally obtained evidence (lack of search warrant or
probable
> cause, say, not coerced confession), the court take two steps:
>
> 1. Admit the evidence against the defendant, and
> 2. Criminally prosecute whoever illegally obtained the evidence.
>
> Does anyone know if this has already been tried elsewhere?
I know it's been suggested elsewhere. Bob Bindinotto (spelling?) gave
pretty much the same conclusion in his monograph _Crime and Its
Consequences_ about a decade ago.
Also, see the movie "Touch of Evil," where Orson Welles plays a crooked cop.
(It's a pretty good flick too.:)
Cheers!
Daniel Ust
http://uweb.superlink.net/neptune/
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