tainted evidence


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tainted evidence

n. in a criminal trial, information which has been obtained by illegal means or has been traced through evidence acquired by illegal search and/or seizure. This evidence is called "the fruit of the poisonous tree," and is not admissible in court. (See: search and seizure, search warrant, probable cause, fruit of the poisonous tree)

References in periodicals archive ?
More than three years after revelation of criminal misconduct by Annie Dookhan, defendants convicted with tainted evidence still cannot clear their names
At least 33 convictions resulting from tainted evidence given by members of the squad have been quashed by the Court of Appeal - including the convictions of the Birmingham Six.
He was convicted largely on the tainted evidence of Chapman, who was his accomplice, and in 2009 his sentence was reduced to 11 years.
The appeals court ruled for Wurie, but left in place a drug conviction for selling cocaine near a school that did not depend on the tainted evidence.
Lawyers for the trio said the subsequent decision by the trial judge to allow the tainted evidence to go before the jury meant the panel was unfairly prejudiced against the trio and the convictions could not stand.
Why authorities persist with such tainted evidence is beyond me because the only "confessions" that have any public credibility are those made voluntarily in an open court.
The report says that the principal obstacles to prosecution are not tainted evidence (presumably obtained by torture) or a desire to protect sources.
By using "enhanced interrogation methods" - torture - to extract information, the Bush administration tainted evidence so that it cannot be introduced at either a trial or a military commission.
There are all too many examples of the way in which public opinion is swayed by tainted evidence and emotional and irrational decision making," he said.
2) Among the most persuasive are: (1) the evidence would not have been uncovered without the aid of illegal government conduct; (2) admitting tainted evidence at trial excuses and encourages police misconduct; and (3) the admission of such evidence clogs courts with appeals.
Marlowe remains one of the most fascinating of English dramatists but the difficulty in writing about him is the tainted evidence of surviving records: 'He is an irretrievably textual being' writes Prof.
A jury of 12 citizens - who sat in the courtroom every day during Simpson's criminal trial, heard and analyzed all the evidence presented and acquitted him of two gruesome murders because the flimsy and tainted evidence presented did not show that he was guilty ``beyond a reasonable doubt'' - were wrong.