Essay: Strategy for Defending Party in Criminal Case

Sample Essay

Under the circumstances it is not possible for the lawyers of Mr. Ellis to file for exclusion of the evidence or to term the evidence as tainted under the fruit of the poisonous tree doctrine as the evidence which was collected was collected through lawful means and no constitutional amendments were violated. Due to the case being a murder case the house of the defendant was a crime scene and as a result the evidence collected from his room was authentic and legal.

Aside from this even if the attorneys of the defendant file for the exclusion of the evidence it cannot be termed as tainted evidence under the doctrine as the method for attaining the evidence was justified and the evidence as of very incriminatory nature..

In order to have the physical evidence excluded the lawyer for William Ellis would have to argue the circumstances which might have resulted in the evidence being created. The evidence would also be termed as misleading and not relevant to the case if the blood on the finger and the finger print were to be determined as created Post mortem or post discovery of the body.

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