The concept of the Fruit of the Poisonous Tree Doctrine stems directly from the Exclusionary Rule. It is a method of explaining the concept of the Exclusionary Rule. It compares the Exclusionary Rule to a Tree that is poisonous and all of the fruit from that tree is also poison. The tree represents actions by law enforcement that are not appropriate and violate the 4th Amendment. Any fruit, which represents the evidence seized as a result of inappropriate actions by authorities is considered “poisonous” and not admissible in the court proceeding.
This video examines the concept of “The Fruit of the Poisonous Tree” (Ray Law Criminal Defense Attorneys, 2020):
Address the following in 3-4 pages:
- Describe the Exclusionary Rule and how it is meant to protect citizens of this country.
- Identify at least 2 methods of demonstrative evidence that would explain the concept of best evidence. You may use scenarios to describe the theory of best evidence.
- Explain the need for an absolute adherence to avoiding any evidentiary issue that would result in a Fruit of the Poisonous Tree violation (4th Amendment).
- Explain the court’s displeasure with issues like the Christian Burial Speech. What might it mean in the long run to a serious case just as it did with Brewer v. Williams?
Be sure to reference all sources using APA style.
Note: For this exercise, do not involve military use of waterboarding on enemy combatants. That is another issue that your investigators will not have to face.
This assignment will also be assessed using additional criteria provided here.
Ray Law Crininal Defense Attorneys. (2020, December 12). Explained the fruit of the poisonous tree [Video]. YouTube. https://youtu.be/slB5sK8b1jI