...to determine if an activity is a search within the meaning of the Fourth Amendment? Privacy approach it’s deciding what constitute a search. The government argued there was no search of a person, house, papers, or effects, so the Fourth Amendment did not apply. 2. Please explain the Exclusionary Rule? How does the case of Mapp v. Ohio (1961) relate to the rule? Exclusionary rule is a rule of evidence that excludes evidence from being admitted in criminal trial. This rule relate to the case Mapp v. Ohio for the first time to protect the rights by the Fourth Amendment as the protection of the rights of the citizens of freedom from unreasonable search. 3. How does the plain view doctrine differ from the open fields doctrine? Plan view doctrine...
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...Lawyer have strong education background and are held to a higher stander than most of society. The fact that some judges and lawyer want to “take the back door” to violate yours and mines rights by banning the exclusionary rule is absolutely appalling. The exclusionary rule doesn’t just hinder the guilty from being prosecuted, it also protect the average Joe from having his constitutional rights violated. This is why I believe that the exclusionary rule should not be banned. When you get arrested and charges are brought up in court; there are rule and guild line. In this arsenals of guild lines you have the exclusionary rule. The rules state that if evidence brought up is obtain illegally or has nothing thing to do with the case it can be excused. This is both, save time and guarantee a fair speedy trail. If the exclusionary rule was banned more cases would bear a resemblance to Boyd v. United States where seizure of “testimonial” evidence such as documents is used against you....
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...Exclusionary Rule Evaluation Christopher Revels CJA/364 August 1, 2011 University of Phoenix Exclusionary Rule Evaluation When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained...
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...Date: 20/04/2015 Student Signature: Nicoletta Hodyas Assignment title: ‘A majority of the Group is of the view that the current exclusionary rule is too strictly calibrated, and would wish to see a situation develop where the court would have a discretion to admit the evidence or not, having regard to the totality of the circumstances and in particular the rights of the victim’ (Balance in the Criminal Law Review Group, 2007: 161). Word count without bibliography: 1997. Introduction. This essay will analyze the exclusionary rule, focusing on its development mainly in Irish law. It will examine the development of the rule providing the arguments for an urgent change and analyze the Gardaí improvements in accountability. Finally, it focuses on the most recent Supreme Court decision in DPP v. JC [1], which overturned decision in People (DPP) v. Kenny[2]. Exclusionary rule allows evidence that was obtained through deliberate and conscious breach of accused’s constitutional rights to be excluded in the case, unless extraordinary circumstances appear. The rule prohibits all evidence unconstitutionally obtained regardless of the relevance of the evidence. There is also a requirement of a causative link between the breach of the right and obtaining the evidence [3]. Background. The first Irish leading case raising the issue of exclusionary rule is The People v. O’Brien[4]. The respondent O’Brien was suspected of burglary and possession...
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...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
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...Constitutional Policing CRJ201 June 28, 2015 Title of Your Essay The 4th amendment of the United States Constitution states “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.” I believe that many cases have been brought to the United States Supreme Court define the constitutionality of the 4th amendment. I strongly believe that this is a fundamental for all law enforcement officers, and officers of the court to follow and strictly adhere to while they are excluding the duties of there occupation. In the case of Weeks vs. United States, police officers entered the home of Freemont Weeks and seized lottery papers which were used for his conviction in court. This seizure of papers was done without a lawful search warrant and done so in violation of the 4th amendment which was the main issue of this case. The evidence seized was used against Mr. Weeks in court and ultimately Mr. Weeks was convicted and sentenced to time in prison. There were several laws that the courts used in determining the outcome of this petition including Boyd vs. United States. “As was there shown, it took its origin in the determination of the framers of the Amendments to the Federal Constitution to provide for that instrument...
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...USA V. VISA U.S.A. INC., VISA INTERNATIONAL CORP., AND MASTERCARD INTERNATIONAL INCORPORATED In 1998 USA filed a complaint against Visa and MasterCard re their dual governance and exclusionary rules of combinations and conspiracy in restraint of trade. (DOJ, 1998) Essay Plan My motivation for choosing the abovementioned case comes from my interest in the financial services market, its regulations and their implications on consumers. This case is attention-grabbing, not solely due to the remedy, but also due to the implications it has on domestic and international markets. It also gives the opportunity to analyse the controversy of vertical exclusionary restraints (Whinston, 2006). When analysing the Visa-MasterCard case, there are two main ‘economic-schools-of-thought’ to be considered. Chicago School(CS) dismisses vertical exclusionary contracts as an anti-competitive tool. While, Post-Chicago School(PCS) offers an opposing explanation by suggesting different models to rationalise anti-competitive behaviour using vertical restrictions. Both schools build their models under the assumption of first-mover advantage and the monopoly power of an incumbent firm. (Motta, 2004) Using the CS in this case, we could assume that Visa and MasterCard are the combined incumbent on the market, due to their cooperative actions. The banks are the buyers and AmericanExpress is the potential new entrant. It could be assumed that AmericanExpress is a new entrant for the market of issuing...
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...Unit 9: Final Essay Exam Project Lisa Bowser Kaplan University CJ305: Legal Foundations of Criminal Evidence Prof: Anthony Gurrola June 14, 2012 Physical Evidence The five ways that you can authentication or identification process would be: A. Testimony of a witness that has first knowledge of the crime. B. A non-expert who is familiar with a person’s handwriting and did not gain knowledge of the handwriting for purpose of the litigation, such as a spouse or roommate. C. Allowing the jury or expert to compare the object to an example and decide the authenticity. D. The distinctive charaistics and surrounding circumstances such as sending a bill to an address and receiving payment from the bill. E. Voice identification that can be learned from firsthand or through a mechanical or electronic transmission such as a television or digital answering device("Rules of evidence," 2011). The six ways that photographic, recorded and computer generated evidence can be used in a trail are: 1. To show the scene of any incident, including the crime, 2. To demonstrate a theory as to how events occurred or might have occurred, 3. To record the behavior of a party or witness, 4. To document surveillance of an individual, 5. To record police lineups, identification procedures and the act of identification itself. 6. To record activities of those being investigated for driving under the influence, including the administration of field sobriety tests ("Rules of evidence...
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...However, the exclusionary system the societies had fostered was maintained by color tests. Color tests, such as the paper bag test, were utilized in the most key aspect of black society: education. Dark skinned applicants were typically denied admission from elite black schools “regardless of their academic qualifications” (Russell et al. 28). Historically black colleges such as Howard University, Hampton University, Fisk University, and Spelman College all allegedly utilized the color test in admissions (Russell et al. 28). Consequently, dark skinned blacks were incapable of forming the social connections critical to becoming members of the black professional...
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...scholarship. For more information about JSTOR, please contact support@jstor.org. . Hong Kong University Press is collaborating with JSTOR to digitize, preserve and extend access to The Sources of Hong Kong Law. http://www.jstor.org This content downloaded from 143.89.105.150 on Sat, 6 Dec 2014 22:30:49 PM All use subject to JSTOR Terms and Conditions The Theory of Stare Decisis GENERAL THEORY Introduction The essential idea behind stare decisis is that a judge is required - thus has no discretion to refuse - to follow certain previous decisions. This obligation arises when a prior case A yields a proposition of law in circumstances which are indistinguishable from those confronting the judge in case B, and by a formal rule the judge in case B stands in an inferior relationship to the court which decided case A. Stare decisis requires three conditions: (1) an earlier case, and thus an element of 'priorness' or 'pastness', (2) factual similarity, and (3) a particular relationship between the decision-making authorities. We should also note that the doctrine looks both backwards and forwards: not only is a judge bound by decisions taken earlier, but his own decision is potentially binding on judges...
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...Unit 5 Homework Assignments Worth 45 Pts. Total *Review Terms From Unit 1, 2, 3 & 4* 2nd Amendment Establishment Clause Hecklers Veto Probable Cause Schenk v. US/Clear & Present Danger Free Exercise Clause Exclusionary Rule Defamation Double Jeopardy Miranda v. AZ/Self Incrimination Due Process 6th Amendment Grand Jury Indictment Habeas Corpus Swing Justice Original vs. Appellate Jurisdiction Marbury v. Madison/Judicial Review 4th Amendment 8th Amendment Stare Decisis/Precedent Article I Article II 1st Amendment 10th Amendment Article III Eminent Domain 5th Amendment Arraignment Judicial Activism vs. Restraint Gideon v. Wainwright 7th Amendment Civil Law/Tort Law Criminal & Civil Negligence Federal & State District Courts Beyond a Reasonable Doubt 14th Amendment Preponderance of Evidence Majority Opinion of Supreme Crt Federalism Reserved Powers Police Powers Enumerated Powers Griswold v. Connecticut (1965) Roe v. Wade (1973) Commerce Clause McCulloch v. Maryland (1819) Supremacy Clause Necessary & Proper Clause Civil Liberties v. Civil Rights Incorporation Doctrine Brown v. Board of Education (1954) Party Primary General Election Closed Primary Open Primary Caucus Electoral College Gerrymandering Advise & Consent Filibuster & Cloture Speaker of the House Senate Majority Leader Standing Committee Conference Committee Pork Barrel...
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...Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal law an issue? Is a federal law violate? Federal property? Concerned with our federal city? 2. __Complete___ Diversity of Citizenship + $75,000 PI = Platiff Delta = Defendant Pi Delta Cal Nev Can go to fed court Wash NH ID CA Now they cant Venue A different location within the same jurisdiction Superior – many in diff districts CT of Appeals—major cities Supreme – Sac, SF,...
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...appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of the Warren Court charged that it “had gone too far in interfering with police work.” With its decisions in the cases of Mapp v. Ohio, Gideon v. Wainwright, and Escobedo v. Illinois the Warren Court handed down the bases of what it called the “fundamentals of fairness” standard. At both the State and federal level, the Court sent a clear signal to law enforcement and criminal justice officials....
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...| Assignment Cover Sheet |[pic] | |STUDENT NAME |STUDENT NUMBER | |Erin Storr |265817 | |POSTAL ADDRESS | |16 Candle Cres, CABOOLTURE, QLD | |POSTCODE |PHONE | |4510 |(07) 5428 2759 or 0429 291 133 | |EMAIL | |ERIN.STORR@students.cdu.edu.au | |UNIT NAME | |Torts ...
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...R outledge Revision: Questions & Answers Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011...
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