Question

Courts have had conflicting opinions about the application of the _____ doctrine when improper police conduct consists of the failure to give the Miranda warning.

Answer 1

Poisonous tree doctrine

Step-by-step explanation:

The poisonous tree doctrine is a form of metaphor that describes the evidence obtained from both directly improper police conduct and indirectly from that improper conduct.

Thus, it is a legal term, that prevents the prosecuted individual from making admittance of certain evidence into a criminal case after it has been tainted by a primary illegality.

Hence, due to its controversial nature, Courts have had conflicting opinions about poisonous tree doctrine application when improper police conduct consists of the failure to give the Miranda warning.

Some of the Miranda warnings includes:

1. Individual having the right to remain silent. Anything s/he says can and will be used against him or her in a court of law.

2. Individual has the right to an attorney. If s/he cannot afford an attorney, one will be provided for him or her.