What Are The Rules Of Respect In Criminal Law?

For persons charged there are basically five rules of respect that the police and the prosecutors have to obey. They are the following:

(a) You cannot be searched without a reason
(b) You cannot be arrested without a reason
(c) Arrests have to be explained to you
(d) You can speak to a lawyer
(e) Your trial has to be soon.

These are the rules of respect.

If there is evidence that the police learned because of a search the court has to decide if it will listen to that evidence. The court will decide to listen to it if the search was only a little bit tainted and the evidence the search revealed is important. The court has to decide what is more important; the bending of the rules of respect or finding of the truth. And in making that choice it is not what the court thinks but what the court thinks is best for the public.

Because of the operation of the rules of respect, there are many problems of what evidence can be listened to by the court and what evidence cannot be listened to by the court. What would the public like better, a search a little bit tainted and thus a finding of guilty, or rather the guilty person be set free than put up with tainted searches.

Again what it is that breaks the rules of respect and, if there is a break of the rules of respect, what should be done about it are problems that only expert and experienced lawyers know how to deal with. There are lawyers who deal only with what happens to the evidence when the rules of respect are broken. To really know what evidence can be used against you and what evidence you can keep out of the trial you need to consult a lawyer and you should have a lawyer do the case for you.



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