Abstract:

The American law excludes evidence obtained by violating the constitutional rights. Exclusion of evidence, Article 4 of the Constitution, which recognizes the right to be secure against unreasonable search and withdrawal; Article 5 of the Constitution, which recognizes the right to be forced to testify against him; Article 6 of the Constitution, which recognizes the right to benefit from lawyer assistance in criminal proceedings; Article 6 of the Constitution, which recognizes the right to benefit from lawyer assistance in criminal proceedings; and Article 4 of the Constitution, which recognizes the right to be secure against unreasonable search and withdrawal; Article 5 of the Constitution, which recognizes the right to be forced to be forced to be forced to be forced to be forced to be forced to be forced to be forced to be forced. The rules of excretion have been extended to cover derivative evidence with the teaching of the excretion of the fruits of a toxic tree. Thus, not only the evidence obtained by the direct infringement of the constitutional rights is excluded, but also the evidence obtained indirectly from this infringement.The purpose of the exclusion of the evidence is to prevent misbehavior. However, despite the benefits of the rules and practices of exclusion, the subject has been widely criticized for the fact that society pays a high cost. Considering these criticisms, the Supreme Court of the United States has introduced a series of exceptions that can be applied to both primary and derivative evidence in cases where the possibility of the exclusion of evidence is insufficient to prevent unlawful behavior. In such cases, which are called good intention exception, independent source exception, weakened defect exception and inevitable findings exception, the evidence obtained as a result of the lawless conduct of the police is allowed to be used in court.