Non-Viability of Acquittal by Procedural Fault

No degree of procedural error on the part of the state is sufficient to justify acquittal of a suspect whose conviction is sure based upon extant evidence not made doubtful by the procedural error.

No evidence can be excluded for reasons of procedural error, provided the procedural error does not significantly affect the confidence which can be safely vested in the evidence.

If in the course of the arrest and trial of an individual, plausible accusations of procedural error are lodged, the trial of the individual cannot continue until the party or parties responsible for the alleged procedural error have been tried and, if applicable, sentenced.



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This is a preliminary draft. Pending changes are in The To-Do List