Law School Discussion

Nine Years of Discussion
;

Author Topic: Hello from New Zealand - After some info!  (Read 782 times)

Rene.S

  • Newbie
  • *
  • Posts: 3
    • View Profile
Hello from New Zealand - After some info!
« on: July 02, 2012, 04:51:03 AM »
Hi everyone,
I'm a 21 year old law student studying in Dunedin, New Zealand and I've got a research project for Evidence Law - I was wondering if I could get some pointers from US students who have studied evidence.

"By referring to recent case law and statutory provisions, compare and contrast the law governing the admissibility of improperly obtained evidence in New Zealand and the United States."

I would really appreciate some pointers from U.S Law students before I start my research - to ensure I begin on the right track! We're not taught anything about US Law so any information about which statutes and cases to begin with would be greatly appreciated!

Cheers!  :)


HolmesBoy

  • Full Member
  • ***
  • Posts: 67
    • View Profile
Re: Hello from New Zealand - After some info!
« Reply #1 on: July 02, 2012, 01:21:37 PM »
Do judges in NZ use really clever metaphors such as "fruit of the poisoners tree" when considering the admissibility of evidence?

http://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree

Rene.S

  • Newbie
  • *
  • Posts: 3
    • View Profile
Re: Hello from New Zealand - After some info!
« Reply #2 on: July 05, 2012, 09:07:45 PM »
I haven't heard of this metaphor - but it is a very good one. Thank you!

Rene.S

  • Newbie
  • *
  • Posts: 3
    • View Profile
Re: Hello from New Zealand - After some info!
« Reply #3 on: July 05, 2012, 09:32:17 PM »
s 30 of the Evidence Act 2006 is our statutory provision relating to improperly obtained evidence - can someone please tell me what the equivalent enactment is in the United States?

HolmesBoy

  • Full Member
  • ***
  • Posts: 67
    • View Profile
Re: Hello from New Zealand - After some info!
« Reply #4 on: July 06, 2012, 12:24:25 AM »
The rules surrounding improperly seized evidence fall under something called the "exclusionary rule." At the federal level, it's primarily based on common law principles.

Wikipedia provides an excellent overview of the exclusionary rule: http://en.wikipedia.org/wiki/Exclusionary_rule