Home Forums Hunting & Shooting Hunter's Campfire Military judge to Col Lakin/ Vs Obama "Your defense might embarass the Presid

Fruit of the poisoned tree?

The exclusionary rule forbids the use of illegally obtained evidence in a criminal trial. The fruit of the poisonous tree doctrine is an extension of the exclusionary rule, and is used to exclude not judge the illegally obtained evidence, but anything later derived or discovered from it. There are exceptions to these rules.

While I understand the analogy to a chain of orders, I've never heard of it being directly applicable. It's about evidence, not about the substance of an element of the offense.

Again, if military courts (up to their ultimate appellate court, the US Supreme Court) are going to let the Kenyan argument in, then they would have to let in every other argument as well: it's Bush's illegal war; it's the UN and therefore unconstitutional; I'm not medically fit to deploy; I'm going to get PTSD; my sergeant is mean to me; etc.; all of which have continually been upheld as NOT relevant in a refusal to deploy case. On sentencing, maybe, but not on the merits. Even on sentencing, the underlying issue would not be litigated - just that the accused/defendant would get to explain why he refused to deploy.

Don't construe anything in this post as being either for or against the Kenyan/birther/etc movement(s). I'm just saying that Doc has made some poor choices.

Yeah, just a friendly dig at VA over a slip of the tongue (fingers?).

You will obey your Fuhrer or be shot at dawn!!!!

This makes the Nuremberg trials a laughing joke.

I would not join the military today for all the money in the world. Nothing against the military but when the civilians are illegal, the orders they give are illegal, and we fight illegal wars well there isn't much reason to be in the military as a citizen soldier.