Linked by Thom Holwerda on Sun 8th Jun 2008 15:53 UTC, submitted by sonic2000gr
Legal The story of Hans Reiser, the eccentric file system programmer, is a tragic one. The author of the ReiserFS was arrested under suspicion of the murder of his wife Nina Reiser in 2006, and was declared guilty in April 2008. Some still placed doubts about the conviction, stating that he might be innocent. It now seems that all doubt has been quelled, since Alameda County District Attorney Thomas Orloff has revealed that Hans Reiser will disclose the location of Nina's body for a reduced sentence.
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RE[3]: Comment by Oliver
by dagw on Sun 8th Jun 2008 19:50 UTC in reply to "RE[2]: Comment by Oliver"
dagw
Member since:
2005-07-06

It seems similar to this term I keep hearing on Law and Order, "fruit of the poisoned tree". Evidence of a crime, no matter how conclusive of a defendant's guilt, is not admissible in a trial if it was obtained by illegal means.

Which is quite interesting in and of itself, since it seems to be a very American concept. In other countries all evidence, no matter how gathered, is admissible. It is then up to the lawyers to argue, in court, that the way it was collected makes it tainted, unreliable and thus should be ignored. If laws where broken in gathering the evidence, then that will be treated in a separate and unrelated trial.

Again it is hard case arguing which is prefereable. Letting a guilty person go free because some rookie cop forgot to dot every i and cross every t is on the one hand a bad thing. On the other hand the system does make sure that everybody involved in an investigation tries extra hard to stay on the right side of the law when gathering evidence, since doing otherwise might lead to a guilty person walking.

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