※ 引述《gptomas (gptomas)》之铭言：
: ※ 引述《N7Nate (N7Nate)》之铭言：
: : 8集简短但紧凑，也不会过度神化主角
: : 平稳不失张力的把这事件叙述出来
: : 不过有四点跟大家讨论或帮解惑
: : 1.毒树果实理论
: : 第三集 Ted 这个出招很到位，但为什么被推翻掉？
: : 是辩方律师故意让 Ted 没有筹码？还是有什么关键因素让法官可绕过这情形？
: : 毕竟就当时的时空背景，靠语意分析来办案应该无法变成有效证据
: https://i.imgur.com/QqIa09q.jpg
: 毒树果原则 ，有4种例外。
: 在这里我认为法院应该是采 “2.必然发现 ”例外
: 原因如下：
: 即使没有 主角费兹 的学历身份不符 的原因
: 日后FBI 请其他 侧写专家来，还是可以找出这些语言证据，差别只是时间的早晚。
: 而且，某程度上，这些木屋里的炸弹原料物证，是来自一个合法的搜索票，只是这张搜索
: 票又是来自一位不合格的语言专家。
: 不合格的语言专家→搜索票→搜索到物证
: 其非法的程度也经过一层的稀释了(3.稀释原则)
: 但法院承认的依据主要还是在 2.必然发现。的例外
不是必然发现也不是稀释原则
是因为控方也找了语言学家去支持他们的论证.
James R. Fitzgerald 曾经接受国家公共广播电台访问
他就有提到这段内容
(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弹客质疑语言分析是不受信任的证据-毒树,依据语言分析证据
取得的搜索票搜索小木屋的取得的证据是毒果的片段)
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?
主持人问Fitzgerald 虽然与炸弹客会面事实上没发生过,但是基于语言分析取得搜索票,
是不是有毒树毒果证据排除法则的问题存在?
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回说的确存在这样的顾虑
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.
主持人说检察官也说从没有任何地方任何人拿语言分析材料来声请搜索票.
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.
航校炸弹客的辩护律师找了一个语言学家来弹劾控方的证据,控方同样也找了语言学家
来支持他们,最后法官裁定语言分析材料有证据能力.
资料来源:
https://www.npr.org/templates/transcript/transcript.php?storyId=545122205