From: David Lubkin (lubkin@unreasonable.com)
Date: Mon Sep 25 2000 - 17:07:45 MDT
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?
-- David Lubkin.
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