Arguments For And Against The Exclusionary Rule Essays and Term Papers

  • Pros and Cons of the Exclusionary Rule

    ARGUMENTS IN SUPPORT OF THE EXCLUSIONARY RULE Among the arguments in support of the exclusionary rule4 by its proponents are the following: 1. It deters violations of constitutional rights by police and prosecutors. A number of studies and testimonies by police officers support this contention. 2...

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  • Exclusionary Rule Pros and Cons

    The reason we have rules in life are simple, to keep order when there is chaos and to guide our behavior in a way that is acceptable by society’s standards. The reason we have laws and procedures to carry out those laws are simple as well, to keep the government from infringing on its citizen’s constitutional...

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  • Exclusionary Rule

    Abstract The Exclusionary Rule is a very important part of the criminal justice system. It maintains a check to make sure that all evidence is legally obtained throughout the investigative process. Evidence not legally obtained should be barred from court proceedings and not used against a defendant. ...

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  • On the Ligitimacy of the Exclusionary Rule

    proposition that the exclusionary rule should be abolished is absolutely preposterous. In fact, there are few rules that are as useful in protecting the rights of the general public. Unfortunately, there are many who believe, for a number of reasons, that the exclusionary rule does more harm than good...

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  • Representation

    points) Affirmative Action is an equal opportunity for employment, and it prevents discrimination against employees based on their color, race, religion or sex. A) Provide two strong arguments in support of affirmative action (10 points) 1. The United States has become more diverse than other...

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  • Exclusionary Rule-Con

    let free every second? The exclusionary rule prohibits the use of illegally obtained evidence in a criminal trail. There are many exclusions to the rule, which brings up the question of why the rule should even be carried out in the first place. Since the exclusionary rule is not stated in the constitution...

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  • Exclusionary Rule Analysis - Judicial Integrity

    CRIMINAL PROCEDURE Justice Ginsburg’s dissent in Herring v. United States suggested there is more to the exclusionary rule than just deterring police misconduct.[1] She explained that the rule was an “essential auxiliary” to the Fourth Amendment right, which is owed “a more majestic conception” due...

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  • Exclusionary Rule

    What is the Exclusionary Rule and Why is it Important A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct The exclusionary rule should not be abolished because it is needed to protect suspected criminals from over-zealous...

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  • Criminal Procedure Case Briefs

    The Birth of the Exclusionary Rule * Exclusionary Rule – Evidence obtained in violation of the 4th amendment must be excluded at trial. Weeks v. United States SCOTUS, 1914 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 Facts: Police entered the home of Weeks without a warrant and seized papers...

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  • Mapp v. Ohio

    questions presented for review, and arguments as to why the Court should grant the writ. After she was charged for the possession of pornographic materials, she wanted her case to be seen by the Supreme Court so they could overrule the state court’s findings. The argument in her favor was that the police...

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  • Gonza; Ez

    ever was any warrant for the search of defendant's home." 170 Ohio St., at 430, 166 N. E. 2d, at 389. The Ohio Supreme Court believed a "reasonable argument" could be made that the conviction should be reversed "because the `methods' employed to obtain the [evidence] . . . were such as to `offend "a sense...

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  • The |Exclusionary Rule

    THE EXCLUSIONARY RULE The exclusionary rule is a judge-made rule, adopted by the courts to stop the police from conducting illegal searches and seizures. The constitution merely says the people shall be free from unreasonable searches. It doesn't say what the courts should do once an unreasonable search...

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  • Mapps vs Ohio

    The case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century. Until this decision, the rights against illegal search and seizure had no method to be enforced. Up until this time, previous cases at set precedents provided little or no protection from illegal searches...

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  • Midterm Essay

    a motion to exclude evidence. In another words, “motion in limine”. At the beginning of the trial or during trial the lawyers can asks the court to rule on the admissibility of evidence before the evidence goes in front of the jury. During the trial, even if the defendant didn’t make a pretrial motion...

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  • Victim's Rights

    consists of efforts to secure more certain and harsher punishment for perpetrators, including restricting pretrial release, free admission of evidence against the accused, and tougher sentencing practices. In these efforts, victims frequently become the allies of prosecutorial and political forces that support...

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  • Midterm Essay Examination History 368

    was able to pick some of the jurors for Gideon’s case. For instance, his lawyer saw that certain jurors were dismissed that might have been biased against Gideon. The lawyer was the one who really won Gideon trial for him. His lawyer was able to pull facts from Gideon about the case and Gideon was able...

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  • Case 2

    explanation for it either. The Ohio Supreme Court believed that the conviction should be reversed because their way of obtaining the evidence went against Miss Mapp’s rights. b.      (Basic Facts of Court Case)                     i. Case Docket #: 236                               ii.      Advocates:...

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  • Mapp V. Ohio, 367 U.S. 1081, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961)

    pictures unlawfully seized during an unlawful search of the defendant’s home. Procedural Posture: The Supreme Court of Ohio believed a ‘reasonable argument’ could be made that the conviction should be reversed ‘because the ‘methods’ employed to obtain the evidence were such as to ‘offended ‘a sense of...

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  • Terry V. Ohio

    with carrying concealed weapons. Procedural History The pretrial motion was to suppress the two pistols that was taken from Terry under the exclusionary rule and it was denied. The trial court had stated that the officer had “reasonable cause to believe that the defendants were conducting themselves...

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  • lkdflsjfldj

    in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law,...

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