[Avodah] police misdeeds and trial evidence

Moshe Y. Gluck mgluck at gmail.com
Tue Jul 22 11:57:52 PDT 2008


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

I'm sorry, maybe I wasn't clear - my question was on R' Eli Turkel's
unwritten premise that BD _does_ accept evidence aside from Shnaim Eidim. I
was asking if this was indeed the case. IIRC, we had a thread a while back
about the permissibility of using DNA to matter an Agunah (for example,
after 9/11), but that is a whole different set of rules.

KT,
MYG 




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