Exclusionary Rule Evaluation Dacia Shramek CJA/364 January 23‚ 2014 Jay Sizemore Exclusionary Rule Evaluation The Exclusionary Rule was designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable search and seizures by law enforcement personnel. If the search of a criminal suspect is searched unreasonable‚ the evidence obtained in the search will be excluded from trial. The Exclusionary Rule is a court made
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In a landmark supreme court case‚ called the united states versus weeks‚ the supreme courts created a rule to our criminal procedure called the exclusionary rule. What the exclusionary rule means is that if the police obtain evidence against you in violation of your constitutional rights‚ they cannot use that evidence against you to prove your guilt or innocence at a trial. An example of this would be police searching your home without a search warrant. If they found illegal item in your home during
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attempt to find a fair balance between individual and community interests. The exclusionary rule for example‚ is a Supreme Court precedent that holds police departments responsible for seizing incriminating information according to constitutional specifications of due process‚ or the information will not be allowed as evidence in a criminal trial. The question that arises in turn‚ is whether the exclusionary rule has handcuffed the abilities to effectively protect the community by the police‚ or if it
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mail from their mailbox (and empty it from their GroupWise Trash or equivalent)‚ it may continue to exist in backup or archival storage devices or in the mailboxes of other recipients or addressees. c. If an employee sets up a vacation rule that generates an automatic reply to incoming e- mails: The reply option should always be “reply to sender”‚ not “reply to all”. The “reply to all” option can cause problems if the original e-mail was sent to a large group of people. The rule should be set
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must set rules and boundaries for the child. These rules are meant to teach the kid right from wrong‚ and appropriate behavior around others. The parent’s responsibility is to make sure that the rules set for the child are not out of place. Some boundaries might include bedtime‚ homework time‚ places that are allowed to go‚ or television time. As a parent‚ I would make sure that those rules I set for my child are deemed appropriate not only by me‚ but other parents as well. Most of my rules would have
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afternoon. She also lives withher cat‚ Sherekan‚ as well as with her goldfish‚ a tortoise‚ and two budgerigars. When she got home from shool‚ Sophie received two anonymous messages in her mailbox (the first asking‚ "Who are you?"‚ the second asking‚ "Where does the world come from?"). Checking the mailbox again‚ she finds a postcard. It is a birthday card from Hilde’s father‚ apologizing that he could not be there for her birthday‚ and also for sending the card through Sophie‚ because it was "the
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interpretation‚ including rules of interpretation. The five (5) main rules of statutory interpretation are: 1. The Context Rule When the context rule is used to interpret an act it is understood with reference to the words which are in immediate connection to it. This can be expressed by the Latin maximum “noscitur a sociis” which means “a word may be known by the company it keeps” when translated. The context rule is a more accurate way of interpreting a statute because in each rule we tend to find out
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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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Police and the Rule of Law Police and the Law of Rule is a key component of the Fourth Amendment which controls law enforcement officials. The Fourth Amendment contains two parts: the reasonableness clause and the warrants clause. Each clause is independent because a search can be reasonable without a warrant‚ but if a warrant is required‚ certain steps must be taken. There are 3 requirements that must be met before a warrant can be secured. There are 6 general rules for serving warrants
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To be able to thoroughly discuss exclusionary rule‚ there has to be some sort of basic knowledge of what it is. Exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. This paper will be discussing how exclusionary rule first came about and how it has evolved into what it is now. So this paper will‚ in a way‚ be a timeline of the exclusionary rule. Exclusionary rule was first discussed in the case of Boyd v. US (1886). Boyd v. US (1886) was about trying
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