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Individual Project - Essay Example
Pages 5 (1255 words)
The investigations and incidences that led to the arrest and subsequent conviction of the defendant are defective. Both Trooper Glover and Officer D'Onofrio obtained the evidence they presented in court without the consent of the defendant. The defendant lawyer could use this to appeal against the conviction of the defendant…
He took a single picture of the defendant without the accompaniment of Mr. Glover, the alleged buyer. He only relied on the description given to him by Mr. Glover. This is another hitch; what if there is another person who resembles the defendant and may be is the one who sold the alleged heroin to Glover It is hard for the officer to prove that the picture he took was actually of the person Glover described. Glover admits that he had neither met the defendant nor had he seen him before, this also makes his positive identification of the defendant challengeable in court of appeal.
In short, the procedure the officer used to obtain evidence of the case is improper according to the US federal constitution. The defendant lawyer can argue that the evidence given is inadmissible since it is derived by Glover pretence to lure his client to commit a crime. The US criminal penal code states that; .."Whenever evidence is objected to as inadmissible because it was discovered as a result of or otherwise derived from compelled testimony or evidence, the burden shall be upon the person offering the challenged evidence to establish a source independent of the compelled testimony or evidence"( Sec. 54-47a).
Since the court relied on evidence given by Mr. ...
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