What Are The Arguments For And Against The Exclusionary Rule Essays and Term Papers

  • 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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  • 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

    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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  • 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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  • 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 Examination History 368

    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 to give specific details about what happened the night that he was accused of breaking into...

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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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  • Case 2

    1. What is the story behind the controversy before the Court (basic facts of the case)? a.       (Basic Facts of Story) Police officers thought Miss Mapp was harboring a fugitive, which was wanted for questioning in connection with a bombing. The officers knocked on the door and demanded entrance...

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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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  • World Civilization

    refer to the "Assignment Format" page for specific format requirements. According to your textbook, what are the four factors used in determining if an area is an open field or curtilage? (40 points) What 1987 U.S. Supreme Court case ruled on this issue? (10 points) Discuss whether items in open fields...

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  • Economic Loss

    Steel v Martin (1973) QB 27 Like psychiatric injury, pure economic loss is often described as a problematic form of damage. Although floodgates arguments are sometimes encountered in this area, there are other reasons why a duty to take care not to cause foreseeable economic loss to the claimant is...

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  • CJ 305

    citizens The Exclusionary Rule – [not in constitution; used as interpretive tool] keep evidence out if it violated the defendants constitutional rights; applies to violations of a defendant’s 4th, 5th, or 6th amendment rights. Dirty Harry(film) tactics – Not following police codes/rules to get evidence/info...

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  • Evidence: Some Basic Terms

    is presented at trial is understanding how evidence is defined. Knowledge of the rules governing evidence is also essential. This paper introduces several basic but key terms, with particular emphasis on the Federal Rules of Evidence. These definitions should in nowise be construed as complete or authoritative...

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  • Constitutionality vs. Safety

    be searched, and the evidence to be gathered were all named so as to protect an individual’s liberty and right to privacy. Despite his strong legal argument, Otis lost the case, which in turn sparked great anger in the colonies and was one of the factors leading to the revolutionary war. Mr. Otis’s oration…...

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