26年WH英语 功利与正义的博弈——毒树之果规则的“生存理由”研究2.57-AI13.82 -约47202字符.docx

IAbstractThe “fruit of the poisonous tree” rule says that if evidence is obtained illegally, not only that evidence (the tree) must be kept out of court, but also any other evidence discovered as a result (the fruit). This rule captures a deep tension in criminal law: the tension between “utility” (society’s interest in safety and crime control) and “justice” (procedural fairness and individual rights).Using a “thesis-antithesis-synthesis” framework,...