Legal Question in Criminal Law in New York
Criminal Evidance - admissibility of statements
Hi!!! I am performing a research work on criminal evidance.
My legal question is: How does the U.S law and N.Y State law deals with the admissibility of statements obtained by illegal means? what is the court's discretion to refuse to admit otherwise admissible evidance?
1 Answer from Attorneys
Re: Criminal Evidance - admissibility of statements
ny state has the option of using the federal constitutional standard or of having a higher threshold for admissibility.
Generally, NY law does not differ. But it is an option for NY lawyers to argue a higher standard.
look up 'fruit poisonous tree' for how the evidence is treated.
Generally, the law sets out broad rules either for or against admissibility and lawyers try to fit the facts into an exception. Hearsay evidence rules are a good model.
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