Joan Picó Speaks on Illegally Obtained Evidence

Dr.
Picó first introduced the concept of illegally obtained evidence and then
sought to debunk the notion that this issue only affects criminal proceedings. He explained that instances of illegally obtained evidence
are also encountered in judicial practice in civil and labour law courts.   
After the introduction, Dr. Picó outlined the concept of illegally obtained
evidence used in the Spanish legal system. He also explained the legal basis of
the doctrine of illegally obtained evidence and cited examples from Spanish Constitutional Court
and Supreme Court rulings.
Dr. Picó then analysed how the use of illegally obtained evidence can be
stemmed in the court system through the initial rejection or exclusion of
evidence from legal proceedings.  
He devoted the last part of his lecture to the "fruit of the
poisonous tree” doctrine in American law. Dr. Picó discussed the circumstances
in which the doctrine arose, its uncritical subsequent adoption by Spanish
jurisprudence and law scholars, and its present decline in the United States.   
Dr.
Picó concluded by addressing the following question to the audience: "If the"fruit of the poisonous tree” doctrine is
losing ground in the United States, does this
mean Spain should also stop applying it?"
In
response, one of the attendees said, “The treatment of illegally obtained
evidence should never have been based on the principles postulated by the
American doctrine, since our legal system already had a sovereign body of law
that could support the concept of illegally obtained evidence, without which
our individual liberties would be greatly jeopardized”.  
This
lecture series aims to help guide students in their careers so they can
successfully face the challenges of the job market.