Digital Forensics/Law
Exclusion vs Exception
퍼덕퍼덕
2012. 3. 8. 12:39
Evidence law in America deals two concepts - Exclusion and Exception.
Exclusion acts like anti-rules. Evidence regarded as exclusion reverses the rule.
Though an evidence is discarded as a exclusion, an evidence could be admissible with an exception. That is, 'Exception' acts like anti-Exclusion.
Let's check this flowchart that displays steps judging if evidence is admissible or not.
We could simplify the relationship between 'exception' and 'exclusion'.
That is,'Exception' could be a gateway from forensically unsound area to forensically sound area.
Exclusion acts like anti-rules. Evidence regarded as exclusion reverses the rule.
Though an evidence is discarded as a exclusion, an evidence could be admissible with an exception. That is, 'Exception' acts like anti-Exclusion.
Let's check this flowchart that displays steps judging if evidence is admissible or not.
We could simplify the relationship between 'exception' and 'exclusion'.
That is,'Exception' could be a gateway from forensically unsound area to forensically sound area.