Tuesday, July 23, 2019
Discussing the Law Cases in the United States Assignment
Discussing the Law Cases in the United States - Assignment Example Officer DÃ¢â¬â¢onofrio took a single picture of the defendant without the accompaniment of Mr Glover, the alleged buyer. He only relied on the description given to him by Mr Glover. This is another hitch; what if there is another person who resembles the defendant and maybe is the one who sold the alleged heroin to Glover It is hard for the officer to prove that the picture he took was actually of the person Glover described. Glover admits that he had neither met the defendant nor had he seen him before, this also makes his positive identification of the defendant challengeable in a court of appeal. In short, the procedure the officer used to obtain evidence of the case is improper according to the US federal constitution. The defendant lawyer can argue that the evidence given is inadmissible since it is derived by Glover pretence to lure his client to commit a crime. The US criminal penal code states that; .."Whenever evidence is objected to as inadmissible because it was discovered as a result of or otherwise derived from compelled testimony or evidence, the burden shall be upon the person offering the challenged evidence to establish a source independent of the compelled testimony or evidence"( Sec. 54-47a). Since the court relied on evidence given by Mr.Ã Ã It should be noted that the defence lawyer has all the right to apply for rejection of any information or evidence given under the U.S Federal criminal penal code. The federal court can upon motion by the defence lawyer at any time dismiss any information and order the defendant discharged. (Sec.54-56 ).