Friday December 31, 2010 6:16 am Leave a comment
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fascinating example of a growing issue. And it’s not limited to sordid cases like these, where the spouse’s suspicions lead them to “spy” on their partner – illegally – and find justification for their suspicions. Does their success justify the illegal methods of obtaining the evidence?
Put like that, it should be obvious how this has much wider significance for the so called “rule of law”. When the police raid premises on a “fishing expedition” should they be allowed a) to remain unpunished and b) to keep the contents of the catch?
The answer, in my view, is that this is a clear case for a Jury to decide. In principle, I would want to see the illegal raiders punished and, as a consequence of the illegal source of the incriminating evidence, the crime ignored. But there will be some situations where that is clearly nonsense. For example, they raid looking for weed and find a half eaten human body. That illegally obtained data cannot sensibly be ignored. The reasonable outcome would be prosecution of the police for their illegal raid (to deter the growing Police State) AND prosecution of the cannibal as a result of the evidence obtained. The degree to which mitigating circumstances apply to either side cannot be pre-legislated and can only be – democratically – decided by a Jury…