Saturday, December 14, 2013

Case Study: The Exclusionary Rule

The Exclusionary Rule The Exclusionary Rule by the arbitrary administration of the coupled States According to Dempsey and Frost, (2011), although it is non part of the United States (U.S.) makeup, the exclusionary endure is an interpretation of the fourteenth Amendment by the U.S. Supreme butterfly. Simply differentiated, the utilization of the exclusionary district is mean to limit or prevent natural law event misconduct, prohibited searches, and illegal ictuss. It allows for separate that is seized in violation of the U.S. indignation to be suppressed and cannot be used in give the axe against a defendant. The exclusionary rule is the understanding, based on U.S. Supreme scranch precedent, that incriminating information must be seized according to everlasting(a) specifications of due process or it will not be allowed as turn up in a criminal trial, (Schmalleger, 2011, p. 221). Since 1914, finished a series of Supreme Court cases, the exclusionary rule evolved in U.S. law. Initially, the Supreme Court was concerned with how the police use illegal means to seize evidence in search and seizure cases, in which was in violation of the Constitution and use that evidence to get a conviction in court.
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By 1961, the Supreme Court applied the exclusionary rule to state courts and law enforcement agencies, as well as federal official ones, because states had not amend their procedures to conform to the Constitution, (p. 182). Use of the Exclusionary Rule Four landmark cases be compared and contrasted in this case study to di sposition how the exclusionary rule has ver! itable and is used in the United States, on with the effects that the impression decision by the Supreme Court has had on evidence obtained from police search and seizure. The first landmark case in developing the exclusionary rule was the case of Weeks v. United States (1914), in which knobbed only federal law... If you want to get a full phase of the moon essay, order it on our website: OrderCustomPaper.com

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