• 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...
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  • Exclusionary Rule Pros and Cons
    opponents. Below I will discuss both sides’ arguments for and against the exclusionary rule. I will start with the opponents of the exclusionary rule. Opponents argue that the exclusionary rule has strayed from its original purpose, and that it no longer does what it was originally intended to...
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  • On the Ligitimacy of the Exclusionary Rule
    exclusionary rule. The first objection is a common sense rationale that the function of the exclusionary rule is to let the guilty go free on the grounds that the evidence collected against the defendant was done so illegally. Based on this fact, there are three arguments against the ruling. The...
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  • Pros and Cons of the Exclusionary Rule
    government than the suspect who has already been wronged. 7. It protects the constitutional right to privacy. ARGUMENTS AGAINST THE EXCLUSIONARY RULE Opponents, including justices of the Supreme Court, have argued strongly in opposition to the exclusionary rule. Among their arguments are the...
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  • Representation
    officer illegally searches someone’s home and finds drugs that are prohibited and leads them to their back yard where they are cultivating marijuana, and they go seize the drug, the drug will be excluded as evidence. B) Provide an strong argument against (10 points) 2. The exclusionary rule can be...
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  • Exclusionary Rule
    Fourth and Fifth Amendments in the Bill of Rights, which provide for protection from unreasonable searches and seizure and compelled self-incrimination (Widipedia, the free encyclopedia, n.d.). Timothy Lynch provides an excellent argument in his article, In Defense of the Exclusionary Rule (1998...
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  • Exclusionary Rule Analysis - Judicial Integrity
    be aborted to preserve judicial integrity,” he has misdirected anger towards the exclusionary rule.[121] It is the Fourth Amendment right, not the exclusionary rule, that demands the exclusion of illegally obtained evidence. One of the principal arguments against the notion that the...
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  • Criminal Procedure Case Briefs
    against such searches and seizures would be of no value whatsoever. This was the first application of what eventually became known as the "exclusionary rule." The court began to giving a brief history of the 4th Amendment and that its intended purpose was to protect a man’s home, which is his castle...
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  • Exclusionary Rule-Con
    carried out in the first place. Since the exclusionary rule is not stated in the constitution alternatives and changes can be made to the rule. A controversial topic always has people on both the pro and con side. Arguments against the rule convince many citizens that the exclusionary rule has...
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  • Mapp v. Ohio
    search warrant, none of it could legally be used in court and that is the reason the justices overruled the state court’s hearing for her case. Mapp v. Ohio applied the "exclusionary rule" prohibiting evidence gathered in violation of the Fourth Amendment’s protection against warrantless searches from...
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  • Mapps vs Ohio
    . Even so, the evidence collected illegally was presented during the case. As reasoning, the case of Wolf vs. Colorado was cited, which stated that when the accused is being tried in a state court, he or she does not have the protection of the exclusionary rule, which protects against illegal...
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  • Gonza; Ez
    privacy, were bottomed on factual considerations. While they are not basically relevant to a decision that the exclusionary rule is an essential ingredient of the Fourth Amendment as the right it embodies is vouchsafed against the States by the Due Process Clause, we will consider the current validity...
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  • Midterm Essay
    though the arrestee has been handcuffed and can no longer lunge for weapons or evidence.  (People v. Rege (2005) 130 Cal.App.4th 1584.) On the other hand, we also have the exclusionary rule which to protect the public against the unreasonable search. exclusionary rule is designed to exclude evidence...
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  • The |Exclusionary Rule
    , 447 P.2d 967.] Case authority on purpose of the exclusionary rule: Dyas v. Superior (1974) 11 Cal.3d 628, 114 Cal.Rptr. 114, 522 P.2d 674. Opinion by Justice Stanley Mosk. Justice Clark wrote a dissenting opinion in Dyas. Source of arguments against exclusion. You can find them on '87 Moot Court...
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  • Victim's Rights
    "exclusionary rule" is misleading, because there are many exclusionary rules. Some, such as the rule against hearsay, exclude evidence because it is not very reliable. Others, such as a rule prohibiting a witness from testifying if the calling party did not disclose the witness before trial, are sanctions for...
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  • Midterm Essay Examination History 368
    court and would not be allowed to be used against the defendant. Even though the evidence was gathered in “good faith,” it was still obtained illegally. Therefore, illegally obtained evidence could not be used against Leon, even though he was guilty of a crime. The Exclusionary Rule is the illegal...
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  • Terry V. Ohio
    experienced ways. He feel that the weapons should be admissible in court and should be used against the suspect. Speaking of admissible evidence, the doctrinal argument can be used also. The court basically used the Mapp v. Ohio case as precedent because it basically used the exclusionary rule and the...
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  • Mapp V. Ohio, 367 U.S. 1081, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961)
    legislation or judicial decisions, which have wholly or partly adopted or adhered to the exclusionary rule. The majority wrote “Since the Fourth Amendment’s right of privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth; it is enforceable against them by...
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  • Case 2
    had the right to decide their own exclusionary rules b. 4th amendment applies to federal not state which is what gave them the right to pursue and obtain evidence from a search which would not be admissible in federal court. 4.      Core constitutional questions the Court had to decide on: a...
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  • lkdflsjfldj
    “unreasonable searches and seizures”? Weeks v. United States, 1914, established the exclusionary rule barring the admission of illegally obtained evidence in federal courts. Should that rule be extended, making evidence gained by an illegal search inadmissible in State courts as well? Arguments For Mapp...
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