Evidence obtained by improper means ("tainted evidence") is, at least in principle, frowned upon in most civilized legal systems.
In January, it could be improper destruction of evidence".
That case stands for the proposition that, apart from situations involving an unfair trial, an appellate court will not grant a new trial to a defendant on the ground of improper introduction of evidence or improper comment by the prosecutor, where the defendant acquiesced in that course and made no objection to it.
2. Should the Malley/Leon standards be reconsidered or clarified in light of lower courts' inability to apply them in accordance with their purpose of deterring police misconduct, resulting in imposition of liability on officers for good faith conduct and improper exclusion of evidence in criminal cases?
A federal judge here today approved a request by Senator Robert G. Torricelli to close hearings and seal documents concerning the senator's allegations of improper disclosures of evidence being considered by a grand jury investigating the financing of his 1996 Senate campaign.
For example, Mackie [18] opines that it is: 'a controversial tool, generating accusations of unacceptable principle, improper application, inadequate evidence base and bias'.
Or as Melinda Hatton, senior vice president and general counsel for the American Hospital Association boldly declared at one hearing, "We need to reduce the incentive to find improper payments" – further evidence hospitals explicitly reject oversight as a means of reducing waste in Medicare.
If the police conduct an illegal search, or follow improper procedure, any evidence obtained is useless.
More than half of the 300+ cases in the Innocence Project's database of DNA exonerations included unreliable or improper forensic science evidence, and last July, the U.S. Department of Justice (DOJ) launched a review of over 21,000 FBI cases to determine if flawed forensic work has contributed to other wrongful convictions.
