In a criminal proceeding, the fruit of the poisonous tree doctrine provides that:A not only must illegally obtained evidence (i.e., the "tree") be excluded at trial, but also all evidence obtained or derived from exploitation of that evidence (i.e., the "fruit")B illegally obtained evidence (i.e. the "tree") must be excluded at trial, but evidence obtained or derived from exploitation of that evidence (i.e., the "fruit") is admissibleC evidence that a person has performed bad acts in the past (i.e., the "tree") can be introduced at trial to show a proclivity for committing the present criminal act (i.e., the "fruit")D evidence that a person has performed bad acts in the past (i.e., the "tree") cannot be introduced at trial to show a proclivity for committing the present criminal act (i.e., the "fruit")

Question

01-07-2019
Social Studies

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In a criminal proceeding, the fruit of the poisonous tree doctrine provides that:A not only must illegally obtained evidence (i.e., the "tree") be excluded at trial, but also all evidence obtained or derived from exploitation of that evidence (i.e., the "fruit")B illegally obtained evidence (i.e. the "tree") must be excluded at trial, but evidence obtained or derived from exploitation of that evidence (i.e., the "fruit") is admissibleC evidence that a person has performed bad acts in the past (i.e., the "tree") can be introduced at trial to show a proclivity for committing the present criminal act (i.e., the "fruit")D evidence that a person has performed bad acts in the past (i.e., the "tree") cannot be introduced at trial to show a proclivity for committing the present criminal act (i.e., the "fruit")

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santyborca santyborca · Answer 1 · 2019-07-04T13:51:16+02:00

Answer:

A. Not only must illegally obtained evidence be excluded at trial, but also all evidence obtained or derived from the exploitation of that evidence.

Explanation:

It is a term used in the United States to describe evidence obtained illegally. If the source (the tree) is tainted then everything gained from it is tainted too (the fruit).

This doctrine is an extension of the exclusionary rule which prevents the admission of evidence obtained violating the Fourth Amendment. Both of these doctrines are intended to discourage police force´s use of illegal means to obtain evidence.

I hope this answer helps you.