The exclusionary rule is a term used to refer to the legal principle in the United Sates‚ which holds that evidence analyzed and collected in violation of a person’s constitutional rights. It is sometimes admissible for the persecution of criminal in the court of law. To protect the constitutional rights‚ an exclusionary rule might be considered as an example of a prophylactic rule which is created by the Judiciary. In most cases‚ it is used to protect the constitutional rights of a person such
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Golden Rule Of Interpretation-Comparision Between English Law And Indian Law INTRODUCTION The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear‚ plain and unambiguous‚ then the courts are bound to give effect to that meaning‚ irrespective of the consequences. It is said that the words themselves best declare the intention of the law-giver. In law‚ the
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Contemporary Issues Paper: The Exclusionary Rule Jennifer Howell November 6‚ 2010 The Exclusionary Rule and Its Exceptions Introduction: The Exclusionary Rule The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. IV) Though the Amendment “forbids unreasonable searches and seizures‚ it does not provide a mechanism for prevention or a remedy.” (Jackson‚ 1996) After passage of
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Chapter Four – The Exclusionary Rule Vicente Farias Jose Martinez The Exclusionary Rule The Exclusionary Rule – Evidence obtained in violation of Fourth Amendment cannot be used at trial – The primary purpose of the exclusionary rule is to deter police misconduct – What other purpose does the exclusionary rule have? The Exclusionary Rule In Mapp v Ohio (1961)‚ the Court stated that any evidence seized in violation of the Fourth Amendment could not be admitted into any court‚ state or federal
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"exclusionary rule" until they know what is stated in the Fourth Amendment. The Fourth Amendment and the exclusionary rule go hand in hand. The Fourth Amendment was put into the constitution to limit on the actions of overzealous officers (Peak‚ 2006). Then‚ one must understand what is meant by "probable cause." Armed with this information‚ we can discuss the definition of the exclusionary rule and some of its history. Also‚ we will list some of the advantages and disadvantages of the exclusionary rule and
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Should the Exclusionary Rule be Abolished? John Doe University of Phoenix Criminal Procedure CJA350 Mr. Instructor Feb 07‚ 2006 Should the Exclusionary Rule be Abolished? Does the exclusionary rule protect the guilty? For years people have argued if the exclusionary rule is significantly helping the rather obvious criminal. By abolishing the exclusionary rule some people fear the whole purpose of the fourth amendment would be violated by using evidence attained illegally. If the proper
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Should the exclusionary rule be abolished? My answer to that is no. The exclusionary rule is one of the fundamental ways the rights of the all people are protected. Mainly the rule is to protect you from police power. If the exclusionary rule was abolished you will more than likely see police brutality on the rise. Officer’s‚ Detectives‚ etc will cut corners and otherwise ignore the basic rights of the people they serve. If the rule was abolished we will see sometimes innocent people put in
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The Exclusionary Rule was put in place to prevent the government from using evidence that was gathered illegally in violation of the United States Constitution. Evidence that was obtained from an unreasonable search and seizure that violates the Fourth Amendment or Fifth Amendment are found admissible in court under the Exclusionary Rule‚ if no exceptions apply. The establishment of the Exclusionary Rule was due to the rulings of several Supreme Court cases where it was found unconstitutional for
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Exclusionary Rule Evaluation The purpose of the exclusionary rule is to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. It is also a right to be free from unreasonable searches and seizures by the Fourth Amendment. Some exceptions of the exclusionary rule is barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. Some other exceptions to the exclusionary rule are: (1) a second‚ unpoisoned/untainted source had a major rule in
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Ashley Polston ACP Comp P3 November 18‚ 2014 Justified or Not In the film Cider House Rules‚ rule breaking and deceit are somewhat justifiable acts that the characters use out of selfishness. Homer Wells is an orphan that grew up in an orphanage in Maine in the 1940s. The orphanage was directed by a man named Dr. Wilbur Larch. As Wells grew‚ Larch took the initiative to take him under his wing and teach him to be an unlicensed‚ skilled doctor. One ordinary day‚ Candy Kendall and Wally Worthington
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