Fruit from a Poisonous Tree PDF Download

Author: Melvin Stamper Jd
Publisher: iUniverse
ISBN: 0595524966
Category : Law
Languages : en
Pages : 286

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"Secrets that were never to be revealed"--Cover.

Author: Antony Altbeker
Publisher: Jonathan Ball Publishers Sa
ISBN:
Category : Law
Languages : en
Pages : 460

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Book Description
In June 2005, Fred van der Vyver, a young actuary and the son of a wealthy Eastern Cape farming family, was charged with murdering his girlfriend, Inge Lotz, allegedly bludgeoning her to death with a hammer as she lay on a couch in her lounge. The case against Van der Vyver seemed overwhelming. His behaviour at the time of the murder appeared suspicious and incriminating, and a letter, penned by Inge on the morning of her death, suggested that the two had been fighting. But it was forensic evidence that seemed to prove his guilt: his fingerprints were found at the scene, one of his shoes was matched to a blood stain on the bathroom floor, and traces of blood were found on an ornamental hammer that had been given to him by the victim's parents. And yet, in one of the most sensational and controversial murder trials in South African legal history, Van der Vyver's lawyers sought to turn the tables on the police, accusing them of fabricating evidence and lying to the judge. In this book prize-winning author Antony Altbeker takes you into the heat of this epic courtroom battle. Altbeker's eye-witness account of the trial presents the reader with all the evidence and testimony of the trial, while also placing it in the context of a society and a justice system that are being stretched to breaking point.

Author: Kerri Mellifont
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 232

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"...The importance of derivative evidence and the way that courts treat its admissibility cannot be underestimated. In many cases, the determination of whether or not derivative evidence will be admitted has the functional effect of deciding the outcome of a trial. ..." M Wiseman, "The Derivative Imperative: An Analysis of Derivative Evidence in Canada" (1997) 39 Criminal Law Quarterly 435, 491.The fate of a criminal trial can be determined by a decision by the trial judge to exclude evidence which has come about by illegal or improper investigative means. An exclusion of a confession obtained involuntarily, or drugs located in an illegal search, can result in the collapse of a case against an accused.Although much has been written in Australia on the rule and discretions to exclude such evidence, little has been written on a particular species of such evidence, that is, evidence which is derived from evidence which has been obtained by illegal or improper investigative means. This is so even though a criminal law practitioner is not infrequently faced with a brief of evidence which contains evidence which has been derived from other evidence which itself was illegally or improperly obtained.Described variously in overseas literature as "derivative evidence" or "fruit of the poisonous tree", this species of evidence gives rise to considerations which are peculiar to it when applying the exclusionary rule and discretions. Thus, the second or subsequent confession obtained after in consequence of an improperly obtained confession may require the judge to think differently on the question of exclusion. Similarly, the bank records located in consequence of scraps of paper found during an illegal search of an accused person's residence may call into play additional factors to weigh in the balance required by the public policy discretion.This text provides practitioners with a readily comprehensible analysis of the operation of the exclusionary rule and discretions in Australia, including the factors which come in to play generally with respect to all evidence illegally and improperly obtained, and more specifically with respect to derivative evidence.

Author: Thomas D. Grant
Publisher: Springer Nature
ISBN: 3030435822
Category : Social Science
Languages : en
Pages : 163

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This open access book explores machine learning and its impact on how we make sense of the world. It does so by bringing together two ‘revolutions’ in a surprising analogy: the revolution of machine learning, which has placed computing on the path to artificial intelligence, and the revolution in thinking about the law that was spurred by Oliver Wendell Holmes Jr in the last two decades of the 19th century. Holmes reconceived law as prophecy based on experience, prefiguring the buzzwords of the machine learning age—prediction based on datasets. On the path to AI introduces readers to the key concepts of machine learning, discusses the potential applications and limitations of predictions generated by machines using data, and informs current debates amongst scholars, lawyers and policy makers on how it should be used and regulated wisely. Technologists will also find useful lessons learned from the last 120 years of legal grappling with accountability, explainability, and biased data.

Author: Archer Mayor
Publisher:
ISBN: 9781939767004
Category :
Languages : en
Pages :

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Author: West Group
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 458

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Contains over four thousand alphabetically arranged entries that provide information about terms, concepts, events, movements, cases, and persons significant to U.S. law; and includes sidebars and In Focus articles, tables and indexes, and a variety of reference materials.

Author: Joshua Dressler
Publisher:
ISBN: 9781422426784
Category : Criminal procedure
Languages : en
Pages : 0

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Book Description
The fifth edition of Understanding Criminal Procedure is new in many respects. Most significantly, it has been enlarged to two volumes. The first volume is intended for use in criminal procedure courses focusing primarily or exclusively on police investigatory process. Such courses are variously titled: Criminal Procedure I; Criminal Procedure: Investigation; Criminal Procedure: Police Practices; Constitutional Criminal Procedure; etc. Because some such courses also cover the defendant's right to counsel at trial and appeal, the first volume includes a chapter on this non-police-practice issue. (The latter chapter is also included in Volume Two.) The second volume of Understanding Criminal Procedure covers the criminal process after the police investigation ends, and the adjudicative process commences. This book is useful in criminal procedure courses (variously entitled Criminal Procedure II; Criminal Procedure: Adjudication; etc.) that follow the criminal process through the various stages of adjudication, commencing with pretrial issues — such as charging, pretrial release and discovery — and continuing with the trial itself and then post-conviction proceedings: sentencing and appeals. Understanding Criminal Procedure is primarily designed for law students. The authors have written the Text so that students can use it with confidence that it will assist them in course preparation, and professors can recommend or assign the volumes to students with confidence that they will improve classroom dialogue. Based on comments that the authors received in the past from students and professors alike, they predict that this new, expanded edition of Understanding Criminal Procedure will serve the needs of students and professors even better. Also, based on the experience of prior editions, including citations to this Text in scholarly literature and judicial opinions, we are confident that the two volumes will prove useful to scholars, practicing lawyers, and courts. Understanding Criminal Procedure covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out; and some of the hottest debates in the field are considered in depth and, we think, objectively. Readers should find the Text user-friendly. Students who want a thorough grasp of a topic can and should read the relevant chapter in its entirety. However, each chapter is divided into subsections, so that readers with more refined research needs can find answers to their questions efficiently. The authors also include citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics. And, because so many of the topics interrelate, cross-referencing footnotes are included, so that readers can easily move from one part of the Text to another, if necessary.

Author: Felix Frankfurter
Publisher: Da Capo Press, Incorporated
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 258

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Author: Jacqueline Carey
Publisher: Penguin
ISBN: 0698158636
Category : Fiction
Languages : en
Pages : 446

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The hot-as-Hel series with the “Sookie Stackhouse type of vibe” (Paranormal Haven) is back—but this time the paranormal Midwestern town of Pemkowet is feeling a frost in the air and the residents are frozen in fear.... The Pemkowet Visitors Bureau has always promoted paranormal tourism—even if it has downplayed the risks (hobgoblins are unpredictable). It helps that the town is presided over by Daisy Johanssen, who as Hel’s liaison is authorized by the Norse goddess of the dead to keep Pemkowet under control. Normally, that’s easier to do in the winter, when bracing temperatures keep folks indoors. But a new predator is on the prowl, and this one thrives on nightmares. Daisy is on her trail and working intimately with her partner and sometime lover from the Pemkowet PD, sexy yet unavailable werewolf Cody Fairfax. But even as the creature is racking up innocent victims, a greater danger looms on Pewkowet’s horizon. As a result of a recent ghost uprising, an unknown adversary—represented by a hell-spawn lawyer with fiery powers of persuasion—has instigated a lawsuit against the town. If Pemkowet loses, Hel’s sovereignty will be jeopardized, and the fate of the eldritch community will be at stake. The only one who can prevent it is Daisy—but she’s going to have to confront her own worst nightmare to do it.

Author: Joyce and Jim Lavene
Publisher: Penguin
ISBN: 1101500344
Category : Fiction
Languages : en
Pages : 247

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Meet Peggy Lee: botanist, detective’s widow, and owner of The Potting Shed, an urban gardener’s paradise in downtown Charlotte. Mild winters keep the store thriving all year round, but there are plenty of people with colder intentions… What made Peggy’s lifelong friend Park Lamonte drive off a ramp to his death? Park’s aged mother suspects his wife Beth of killing him for the ten-million-dollar insurance policy. The police think so too. But Peggy has a growing suspicion that there’s more to the story. She’s convinced Beth is innocent—even after Park’s mother is also killed, and evidence emerges that seems to point to Beth. Can Peggy maintain her gardening business, teach her botany classes, nurture her relationship with her new man, deal with her unruly Great Dane, and still find time to extract the truth? GARDENING TIPS INCLUDED!