How many violations of the Constitution and or the Bill of Rights does it take to throw out a case?

Answer 1

It depends on who the case is against. I mean it is almost common procedure now a days. The Government is above the law and never have to answer for the many times they have violated both of these wonderful historical documents.

Answer 2

It depends on the nature and scope of the violation.

There are three types of 'errors' (violations) a court can make -- structural, procedural, and trivial.

Structural errors -- severe violations -- are so bad they taint the entire trial process. There is no way to recover, so if the appellate court finds even one structural error, the case is thrown out or reversed.

Procedural errors -- moderate violations -- are grounds to reverse or vacate the judgment, and send the case back for a new trial. In other words, they are bad enough that the prior decision cannot stand -- but not bad enough that the courts can't try again to get it right. Usually, one major procedural error or several cumulative minor procedural errors are sufficient to get the case remanded.

Trivial errors -- minor violations -- are ones that wouldn't change the outcome even if they had not occurred. This is sometimes referred to as the "harmless error" standard for appellate review. This doesn't change the outcome, no matter how many individual harmless errors occur -- unless they cumulatively add up to a structural or procedural problem.

Answer 3

It would depend on what the violation was and what the effect on the case was.

Fourth Amendment violations (i.e. search and seizure) are supposed to require exclusion of the evidence. If all the prosecution's evidence is thrown out, they have no case.

On the other hand, certain violations of speedy trial rights may result in dismissal for a single violation (i.e. intentional delay) or have no effect at all (i.e., non-prejudicial incidental delay). Brady violations have a scale of sanctions, ranging from jury admonitions to exclusion to dismissal.

Some violations (i.e. double jeopardy) prevent a case from being filed, while others (right to counsel, self-incrimination) result in exclusion.

Sometimes, the cumulative effect of violations may call for dismissal if it reaches an overall violation of Due Process, but usually the court will not consider the number of violations, only the effect of individual violations as proven.

Answer 4

It depends on which violations your talking about....for instance if they found a murder weapon during the course of an illegal search and seizure then the murder weapon would be thrown out.

But with our tainted legal system, the cops, prosecutors, and judges have each others back...basically they turn a blind eye and just the case go on....but on the bright side, violation of the Constitution and/or Bill of Rights would probably be grounds for appeal!

Answer 5

Until there's not enough evidence to proceed.

There can be dozens of violations, but if a person is video taped commiting the crime (and the video tape is allowed in as evidence), the case can go on.

Answer 6

It only takes one. However, that doesn't mean it WILL be thrown out for just one.

Answer 7

If the judge is Republican, the Constitution is basically toilet paper when it comes to making a decision.

Answer 8

Pretty sure just one...