[Avodah] police misdeeds and trial evidence

[Richard Wolpoe]

On Tue, Jul 22, 2008 at 1:03 PM, Zev Sero <zev at sero.name> wrote:

> 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



See KSA yomi for the last few days.  There is a concept of midvar sheder
tirchak andwhen  a man standing by silently who knows NO testimony but is
there for appearances only [to intimate one of the baalei din] he is
"ohveir"  -even though he makes ZERO false statements.

I am not saying for sure that this applies to Zev's case but it is worth
contemplating and researching


-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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