[Avodah] police misdeeds and trial evidence

Zev Sero zev at sero.name
Tue Jul 22 10:03:40 PDT 2008


Moshe Y. Gluck wrote:
> R' Eli Turkel:
>> about the effect of police doing things wrong on the subsequent trial
>> evidence.
>>
>> what does halacha say?

> Is there such a thing as evidence according to Halachah? Fingerprints, sound
> or video recordings, expert testimony, etc. - are they admissible in Beis
> Din?

Such evidence would be admitted by BD in order to impeach witnesses.
And I see no reason to believe that BD would care in the least how this
evidence was obtained.  It speaks for itself, after all.  If it relies
on the testimony of the person who got it, then of course his wrongdoing
might make him pasul le'edut.  But the exclusionary rule is something
that was invented by USAn judges in the early 20th century, and would
seem to have no more place in halacha than it does in any other legal
system.


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas



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