[Avodah] police misdeeds and trial evidence

[hankman]

RJK wrote:

RZS, in a back-handed slap at the exclusionary rule, says: "But the exclusionary rule is something
that was invented by USA judges in the early 20th century, and would seem to have no more place in halacha than it does in any other legal system."

Why is the exclusion of probative evidence because it was obtained illegally any worse than excluding probative evidence because it is being proffered by a woman?

Joseph Kaplan

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CM comments:

I suspect that women can not testify because of a gezairas hakasuv (see Shovuos 30a) and not as the result of some rational sevara (If the meforshim ascribe a rationale, perhaps someone could point it out). However there is valid logic for the invention of the exclusionary rule by the US courts. The reason is simply to protect the overall court system and rules of evidence that are at the root of any court system. They chose to exclude probative evidence obtained illegally at the cost of possibly distorting the outcome in a particular case in order to protect the integrity of the system as a whole. The logic is debatable (and certainly is) but not totally irrational.

Kol Tuv

Chaim Manaster
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