When deciding whether or not to exclude potential improperly obtained evidence, a judge must consider just the crime the defendant is charged with and any effect the evidence may have upon their trial. A judge must consider all the circumstances.

Question

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A judge must consider a variety of factors, including the seriousness of the offense, the importance of the evidence, how the evidence was obtained, and the impact of excluding the evidence on the integrity of the justice system, not just the crime and its effect on the trial.

When Deciding Whether or Not to Exclude Potential Improperly Obtained