Is a rule of evidence that denies the jury access to clearly probative and reliable evidence a heavy burden of justification?
California, United States of America
The following excerpt is from People v. Murtha, 14 Cal.App.4th 1112, 18 Cal.Rptr.2d 324 (Cal. App. 1993):
"[A]ny rule of evidence that denies the jury access to clearly probative and reliable evidence must bear a heavy burden of justification, and must be [14 Cal.App.4th 1136] carefully limited to the circumstances in which it will pay its way by deterring official lawlessness." (Illinois v. Gates (1983) 462 U.S. 213, 257-258, 103 S.Ct. 2317, 2342, 76 L.Ed.2d 527 (conc. opn. of White, J.) emphasis added.)
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