Discussing the Law Cases in the United States Assignment

Discussing the Law Cases in the United States - Assignment ExampleOfficer Donofrio took a single picture of the defendant without the substitute of Mr Glover, the alleged buyer. He only relied on the description precondition to him by Mr Glover. This is another hitch what if there is another person who resembles the defendant and maybe is the oneness 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 similarly 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 haywire 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 afford 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 good word 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.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 toss any information and order the defendant discharged. (Sec.54-56 ).