EXCLUSIONARY RULE § 7.01 General Rule Evidence gathered in violation of the Fourth Amendment is not admissible in a criminal trial against the defendant. § 7.02 Exceptions to the Exclusionary Rule [A] Non-Trial Criminal Proceedings Illegally seized evidence may constitutionally be introduced in a variety of non-trial criminal proceedings including: grand jury proceedings‚ preliminary hearings‚ bail proceedings‚ sentencing‚ and proceedings to revoke parole. [B] Impeachment
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* We should follow the rules so that we can maintain peace and organization within our society‚ economy‚ and even our country. Without rules no one would be able to work together. * Two different kinds of people can be heard to utter that question‚ "Why have rules?" One of them does not believe in rules; the other believes in rules and adds a few more words to the question‚ "Why have rules‚ if you are not going to enforce them?" I would like to examine both sides of this argument. Many people
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LAWS1021: Court research report The basic division in the structure of criminal courts is between the lower criminal courts – the local courts‚ Children’s court and Coroner’s court – and the higher criminal courts – the District Court and the Supreme Court. In observing proceedings at the Local‚ District and Supreme Courts over a period of three days a number of aspects of the criminal justice system were made apparent. The administration‚ processes and practices of the criminal trial are extremely
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The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law‚ the later was clearly superior to the former. In more recent times‚ it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. Dicey did not invent the idea of the rule of law but he popularized it in the late nineteenth century. His book‚ Introduction
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Part E The rules of statutory interpretation Introduction In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: • the literal rule • the golden rule • the mischief rule • the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the
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Using case law illustrations‚ explain how the literal rule of statutory interpretation operates and how the golden rule modifies the literal rule. Statutory interpretation is the process used by courts to interpret and apply legislation‚ although Acts of Parliament are written by expert draftsmen‚ the statute for the case before them may not be clear. Bennion (2005) has identified a number of issues that may cause uncertainty: The draftsman may refrain from using certain words as they think it
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COURT VISIT Date of court visit: 25 October 2010. Court name: Snaresbrook Crown court. Courtroom visited: court 1. Judge: T. Lamb QC. (Queen’s Counsel) Name of case viewed: Trial part heard; Remo Rossi. (Rape of a juvenile family member). Representation: V.Girling QC (Instructed by L.Lewis solicitors) for the defendant. G.Reece QC (Instructed by the Crown Prosecution Service) for the Crown. On Monday the 25th of October 2010‚ I attended Snaresbrook Crown court at court 1 which was hearing
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Individual Assignment Court Issues Analysis Paper General Questions - General General Questions Write a 1‚050-1‚400-word analysis in which you identify the current and future issues facing courts and court administrators today. In your analysis be sure to discuss the following areas: · Discuss future management issues and trends regarding language interpretation services. · Assess the past‚ present‚ and future impact that victim rights laws have on court proceedings. Format your paper
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govern in accordance of law; the role of the courts as guarantor of legality and individual right‚ the priceless gift‚ subject only to constraints by law established‚ of individual freedom.”(Lord Bingham of Cornhill‚ The case of Liversidge v Anderson: the Rule of Law Amid the Clash of Arms‚2009) From my view‚ Lord Bingham expressed the importance of rule of law through the comment he gave in the case Liversidge v Anderson(1942).As he claimed in the rule of law that the right of the individual is
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Caesar‚ Breaking election promises and Dynasty in power‚ death and politics Interpretations of texts are painted by the representations of personalities‚ through events and situations. They enthrall the audience to reflect on characters’ vices and virtues‚ determining their true nature‚ and spawning conflict between their various perspectives drawn from techniques. These differing personal interpretations evoke conflicting perspectives in the audience’s minds. Shakespeare’s “Julius Caesar”
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