Fruit Of The Poison Tree

"Secrets that were never to be revealed"--Cover.

"...The importance of derivative evidence and the way that courts treat its admissibility cannot be underestimated. In many cases, the determination of whether or not derivative evidence will be admitted has the functional effect of deciding the outcome of a trial. ..." M Wiseman, "The Derivative Imperative: An Analysis of Derivative Evidence in Canada" (1997) 39 Criminal Law Quarterly 435, 491.The fate of a criminal trial can be determined by a decision by the trial judge to exclude evidence which has come about by illegal or improper investigative means. An exclusion of a confession obtained involuntarily, or drugs located in an illegal search, can result in the collapse of a case against an accused.Although much has been written in Australia on the rule and discretions to exclude such evidence, little has been written on a particular species of such evidence, that is, evidence which is derived from evidence which has been obtained by illegal or improper investigative means. This is so even though a criminal law practitioner is not infrequently faced with a brief of evidence which contains evidence which has been derived from other evidence which itself was illegally or improperly obtained.Described variously in overseas literature as "derivative evidence" or "fruit of the poisonous tree", this species of evidence gives rise to considerations which are peculiar to it when applying the exclusionary rule and discretions. Thus, the second or subsequent confession obtained after in consequence of an improperly obtained confession may require the judge to think differently on the question of exclusion. Similarly, the bank records located in consequence of scraps of paper found during an illegal search of an accused person's residence may call into play additional factors to weigh in the balance required by the public policy discretion.This text provides practitioners with a readily comprehensible analysis of the operation of the exclusionary rule and discretions in Australia, including the factors which come in to play generally with respect to all evidence illegally and improperly obtained, and more specifically with respect to derivative evidence.

This open access book explores machine learning and its impact on how we make sense of the world. It does so by bringing together two ‘revolutions’ in a surprising analogy: the revolution of machine learning, which has placed computing on the path to artificial intelligence, and the revolution in thinking about the law that was spurred by Oliver Wendell Holmes Jr in the last two decades of the 19th century. Holmes reconceived law as prophecy based on experience, prefiguring the buzzwords of the machine learning age—prediction based on datasets. On the path to AI introduces readers to the key concepts of machine learning, discusses the potential applications and limitations of predictions generated by machines using data, and informs current debates amongst scholars, lawyers and policy makers on how it should be used and regulated wisely. Technologists will also find useful lessons learned from the last 120 years of legal grappling with accountability, explainability, and biased data.

The rich stew of the author's creations—SingleEarth, vampires, shapeshifters, Tristes, the Bruja Guilds—are at full boil here in the story of two 20-ish young women trying to out run their very different pasts, and figure out where they fit in and who they might become. Each has landed in a more "normal" place, and each wonders if, like a tattoo that can't be covered up, they can ever really fit into "normal."

NATIONAL BESTSELLER • Seven-year-old Chula lives a carefree life in her gated community in Bogotá, but the threat of kidnappings, car bombs, and assassinations hover just outside her walls, where the godlike drug lord Pablo Escobar reigns, capturing the attention of the nation. “Simultaneously propulsive and poetic, reminiscent of Isabel Allende...Listen to this new author’s voice—she has something powerful to say.” —Entertainment Weekly When her mother hires Petrona, a live-in-maid from the city’s guerrilla-occupied neighborhood, Chula makes it her mission to understand Petrona’s mysterious ways. Petrona is a young woman crumbling under the burden of providing for her family as the rip tide of first love pulls her in the opposite direction. As both girls’ families scramble to maintain stability amidst the rapidly escalating conflict, Petrona and Chula find themselves entangled in a web of secrecy. Inspired by the author's own life, Fruit of the Drunken Tree is a powerful testament to the impossible choices women are often forced to make in the face of violence and the unexpected connections that can blossom out of desperation.

Olivia Osborne is back. She has a demon to find, a past to uncover, and a future to plan. Dive back into the murky recesses of Olivia’s shadowy world as she searches for the truth about life and death, good and evil and the twilight in between. Gran warned against mixing the light with the dark--that magical place where the dark and the light swam together turned everything to grey. The Fruit of the Poison Tree bears it all. Olivia Osborne is many things: a sensitive, an empath, a reader of death. Is she also a demon dealer? Or is she something else?

As the title indicates, this book is a critical study of an Indian epic, ëThe Ramayanaí. It proceeds in the same order as that of Sanskrit original consisting of : Bala kanda, Ayodhya kanda, Aranya kanda, Kishkindha kanda, Sundara kanda, Yuddha kanda and Uttara kanda. While Valmikiís Ramayana is composed of about 24,000 slokas (verses), ëRamayana the Poisonous Treeí consists of 16 stories, long and short, accompanied by 11 ëlinksí (narratives that ëlinkí the stories) and 504 foot-notes that show evidence from the Sanskrit original in support of the critique. Besides the main components of the text, this book has a long ëPrefaceí discussing the social essence of the epic in the context of history of evolution of human society from the ancient times to the modern times. The book also offers a critical review of the works of ësome earlier critics of Ramayanaí. The authoress describes Ramayana as a Poisonous Tree because it defends the autocratic rule of the kings against the people, their imperial expansion by invading other weak kingdoms, exploitation of the poor by the rich, oppression of lower castes by upper castes, aggression of the civilized non-tribal communities against primitive tribal communities, male chauvinism against women, superstitious beliefs against the rational thinking, fathersí domination over sons, elder brothersí superiority over younger brothers and so on. She substantiated her arguments by providing hundreds of foot notes from the Sanskrit original. She characterizes the culture of Ramayana as predominantly ëfeudalí in nature with an admixture of remnants of primitive ëtribalí culture. The book, it is hoped, will be of interest to both academic and non-academic circles. It is relevant to the students, teachers and researchers who are connected with such disciplines as South Asian Studies, Cultural Studies, Comparative Literature, Comparative Religions, Indology, Literary Criticism and so on. It is also relevant to the social and political activists who would like to disseminate ëprogressiveí ideas among the people who are subjected to various forms of inequality: Class, Caste, Gender, Race, Ethnicity. Ranganayakamma (born 1939) is a writer of novels, stories and essays in Telugu. She has published about 60 books.

Contains over four thousand alphabetically arranged entries that provide information about terms, concepts, events, movements, cases, and persons significant to U.S. law; and includes sidebars and In Focus articles, tables and indexes, and a variety of reference materials.

The fifth edition of Understanding Criminal Procedure is new in many respects. Most significantly, it has been enlarged to two volumes. The first volume is intended for use in criminal procedure courses focusing primarily or exclusively on police investigatory process. Such courses are variously titled: Criminal Procedure I; Criminal Procedure: Investigation; Criminal Procedure: Police Practices; Constitutional Criminal Procedure; etc. Because some such courses also cover the defendant's right to counsel at trial and appeal, the first volume includes a chapter on this non-police-practice issue. (The latter chapter is also included in Volume Two.) The second volume of Understanding Criminal Procedure covers the criminal process after the police investigation ends, and the adjudicative process commences. This book is useful in criminal procedure courses (variously entitled Criminal Procedure II; Criminal Procedure: Adjudication; etc.) that follow the criminal process through the various stages of adjudication, commencing with pretrial issues — such as charging, pretrial release and discovery — and continuing with the trial itself and then post-conviction proceedings: sentencing and appeals. Understanding Criminal Procedure is primarily designed for law students. The authors have written the Text so that students can use it with confidence that it will assist them in course preparation, and professors can recommend or assign the volumes to students with confidence that they will improve classroom dialogue. Based on comments that the authors received in the past from students and professors alike, they predict that this new, expanded edition of Understanding Criminal Procedure will serve the needs of students and professors even better. Also, based on the experience of prior editions, including citations to this Text in scholarly literature and judicial opinions, we are confident that the two volumes will prove useful to scholars, practicing lawyers, and courts. Understanding Criminal Procedure covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out; and some of the hottest debates in the field are considered in depth and, we think, objectively. Readers should find the Text user-friendly. Students who want a thorough grasp of a topic can and should read the relevant chapter in its entirety. However, each chapter is divided into subsections, so that readers with more refined research needs can find answers to their questions efficiently. The authors also include citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics. And, because so many of the topics interrelate, cross-referencing footnotes are included, so that readers can easily move from one part of the Text to another, if necessary.