緝凶：飛機炸彈客-好雷+問題(Unabomb - 歐美

※ 引述《gptomas (gptomas)》之銘言：
: ※ 引述《N7Nate (N7Nate)》之銘言：
: : 8集簡短但緊湊，也不會過度神化主角
: : 平穩不失張力的把這事件敘述出來
: : 不過有四點跟大家討論或幫解惑
: : 1.毒樹果實理論
: : 第三集 Ted 這個出招很到位，但為什麼被推翻掉？
: : 是辯方律師故意讓 Ted 沒有籌碼？還是有什麼關鍵因素讓法官可繞過這情形？
: : 畢竟就當時的時空背景，靠語意分析來辦案應該無法變成有效證據
: https://i.imgur.com/QqIa09q.jpg
: 毒樹果原則 ，有4種例外。
: 在這裡我認為法院應該是採 「2.必然發現 」例外
: 原因如下：
: 即使沒有 主角費茲 的學歷身份不符 的原因
: 日後FBI 請其他 側寫專家來，還是可以找出這些語言證據，差別只是時間的早晚。
: 而且，某程度上，這些木屋裡的炸彈原料物證，是來自一個合法的搜索票，只是這張搜索
: 票又是來自一位不合格的語言專家。
: 不合格的語言專家→搜索票→搜索到物證
: 其非法的程度也經過一層的稀釋了(3.稀釋原則)
: 但法院承認的依據主要還是在 2.必然發現。的例外


不是必然發現也不是稀釋原則

是因為控方也找了語言學家去支持他們的論證.

James R. Fitzgerald 曾經接受國家公共廣播電台訪問

他就有提到這段內容


(SOUNDBITE OF TV SHOW, "MANHUNT: UNABOMBER")

BETTANY: (As Ted Kaczynski) The only evidence connecting me to the UNABOM

attacks was found inside my cabin. The only reason the FBI was legally

allowed to search my cabin was because of your search warrant. But if that

search warrant was issued on false pretenses or based on arguments that fail

to meet the burden of proof, well, then all the evidence found at that

location is deemed fruit of the poisonous tree. It's tainted. It's

inadmissible. It's got to be thrown out.

So if the search warrant goes, then all their mountains of evidence simply

disappear. Do you follow? The whole case depends on the evidence from the

cabin. The evidence from the cabin depends on the search warrant. But the

search warrant depends on this thing called forensic linguistics, which is

a field that you just invented, James R. Fitzgerald. There is no precedent

in all legal history for a search warrant based on linguistic analysis.

So the question I then place before the court becomes, do we trust this man

is so expert that we trust his invention? Where did you get your formal

training in linguistics, your Ph.D., your master's? As I hear it, the

majority of your law enforcement career was spent on the graffiti squad at

the small-town police department. Is that right?

(主持人播放影集中航校炸彈客質疑語言分析是不受信任的證據-毒樹,依據語言分析證據
取得的搜索票搜索小木屋的取得的證據是毒果的片段)

DAVIES: Ouch. That's the Unabomber depicted - played by Paul Bettany, who

does a terrific job there kind of telling your character, Fitz, that this

search warrant is based on a linguistic analysis. Now, the meeting in this

thing never actually happened. You didn't talk to the Unabomber in prison.

But this issue was really important, wasn't it?

主持人問Fitzgerald 雖然與炸彈客會面事實上沒發生過,但是基於語言分析取得搜索票,
是不是有毒樹毒果證據排除法則的問題存在?

FITZGERALD: Yeah, and everything in this actual fictitious meeting -

everything that's being said was actually a real and present concern of the

prosecution team subsequent to the arrest of Kaczynski. And I was brought

back out to San Francisco to the UNABOM Task Force to now prepare for the

prosecution in this matter.

Fitz回說的確存在這樣的顧慮

中略
DAVIES: Right. And just to underscore that point, when you went to the

assistant U.S. attorney who was preparing the search warrant, he said, look,

Fitz, this is interesting, but I can't find anywhere where anybody's ever

gotten a search warrant on the basis of language analysis.

主持人說檢察官也說從沒有任何地方任何人拿語言分析材料來聲請搜索票.

FITZGERALD: You're right, and he's a good lawyer. And his name was Steve

Freccero, and he was an assistant U.S. attorney. He still does private

practice in San Francisco. And - but he was being very cautious. He didn't

want this being thrown out or jeopardized later on in court, just like the

Unabomber was telling the Fitz character in that scene you played, because

that is really a very strong possibility. Every time there's a search warrant

in a probably criminal or civil case, there's always going to

be motions to throw it out, get it dismissed. And, of course, any evidence

found therein, if it's dismissed, is then negated, and it can't be used in

front of a jury or anything like that.

So legally, everything in that scene was accurate. And we were a little bit

concerned about it. And the defense hired a linguist to come in and counter me.

We brought in our own academic person to back us up. And the judge finally

said at the time of the trial, not - we're not throwing this out. All this

evidence from the cabin stays in - and ultimately, a conviction.

航校炸彈客的辯護律師找了一個語言學家來彈劾控方的證據,控方同樣也找了語言學家
來支持他們,最後法官裁定語言分析材料有證據能力.

資料來源:

https://www.npr.org/templates/transcript/transcript.php?storyId=545122205


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