Evidence Collection in the U.S and the Netherlands

Intro: United States

The United States doesn’t allow improperly or illegally obtained evidence to be used to convict the accused in its court system and the evidence is excluded without decision or consideration. The Netherlands, on the other hand, is more lenient on how evidence is obtained.

Evidence: Netherlands

Evidence that is obtained in an illegal way isn’t excluded right away. It depends on many factors like to what extent the way of obtaining evidence was illegal. Evidence that was acquired wrongfully can be used in many cases, but it may result in a criminal offense since the way the evidence way obtained was illegal. For example, if the evidence that was obtained illegally proves that the accused is guilty, it will be used in court since it was used lawfully but obtained unlawfully.

Reflection

I think that the laws of evidence for obtaining evidence illegally or improperly in the Netherlands are better than the laws for obtaining evidence illegally in the United States. The Netherlands’ laws are well-balanced and fair in my opinion. This is because it prevents the guilty party from getting released while also not giving the police or accuser who acquired the evidence wrongfully an unfair advantage by not giving any consequences. Furthermore, if the way of obtaining the evidence wasn’t a significant illegal act, the guilty party is given a lighter sentence or some other form of compensation for the improper evidence used to punish them.

I have mixed feelings on the U.S. laws for evidence on obtaining evidence illegally. The laws are good but also bad depending on the situation. Since the evidence that is obtained illegally will be excluded, even if the police or accuser finds evidence that proves the defendant guilty, it will not be used to convict the defendant. More evidence that is obtained legally will be needed to be provided. The laws are good too because then the police cannot harm or torture the accused without consequences.

Conclusion

In conclusion, the laws of evidence of our own country, the United States, and those of the Netherlands are very much different from each other. There are a few laws that are similar like the common laws which almost every country in the world has. I think the Netherlands laws on how evidence is obtained is more well-balanced and fair than those of the United States.

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