criminal procedure
Order Description
The fruit of the poisonous tree is a doctrine that arose from the exclusionary rule which
mandated on excluding evidence gained from illegal arrests and unreasonable search from trials.
The fruit of the poisonous tree doctrine was brought forth so as to prevent law enforcement from
violating the rights against unnecessary seizures and searches.
Research shows how the constitution can be manipulated through the use of laxity and
leniency. Looking at the fruit of the poisonous tree from the view of the constitution, Robert
Pitler in his article explains on the roots of this poisonous tree coming from the unlawful and
illegal governmental activities showed in Weeks v. the United States. This showed that the
government and the constitution could be easily manipulated by other events in cases where
leniency and laxity are evident. At the same time, evidence shows that certain cases dealing with
the constitution have been brought forth and in the end, courts have been seen to dismiss the
cases following the poisonous tree doctrine. In most of these cases, it is seen that the constitution
had gained illegal and unlawful evidence which was not supported by the court of law. It had
thus been dismissed.
The research to be carried will go deeply to discuss the origin of the doctrine, its application as
well as how the removal of legislation, in turn, helps a country improve in controlling crimes.
Perhaps the removal of legislation following the doctrine of the fruit of the poisonous tree would
be much better in crime control because the same constitution that is making the laws is the same
that is not following them and is involved in crimes.
