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"Fruit of the poisonous tree" nghĩa là gì?
29 Oct, 2020
"Fruit of the poisonous tree" = trái của cây độc -> nghĩa là dấu vết/vết tích của hành động phi pháp.
Ví dụ
The provision (điều khoản) tells us that evidence obtained and confiscated (tịch thu) on the occasion of such unreasonable searches and seizures is deemed polluted, stained or contaminated and should be excluded for being a fruit of the poisonous tree. Hence, it is inadmissible in evidence for any purpose in any proceeding.
There is a concept (khái niệm) in the law called “The Fruit of the Poisonous Tree,” whereby the government cannot pursue (theo đuổi) an illegal means to obtain a legal end. This is why evidence obtained illegally is inadmissible in a court. This is a Supreme Court precedent that goes back to and has been affirmed since 1920.
Due to the illegality (tính bất hợp pháp) of the search, the appellate court ruled all the evidence “obtained as a result of that unlawful detention is fruit of the poisonous tree and must be suppressed.” The case was sent back to the trial court for further proceedings and a possible retrial (xử lại).
Rush said the evidence (bằng chứng) is the “fruit of the poisonous tree” and concluded that reliance on the search warrant affidavits (bản khai) was unreasonable, adding that “we are confident that apply the exclusionary rule here will deter similar reckless conduct in the future.”
Ngọc Lân
Bài trước: "A tree is known by it's fruit" nghĩa là gì?
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