...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 illegally or without a proper search warrant from a judge. The principle for this rule legally holds true under constitutional law in which evidence will not alter court proceedings. The purpose behind creating the exclusionary rule was deterring police from gathering information through illegal methods. For instance, by establishing this...
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...5/ 3.5 Points In Hurtado v. California (1884), involving the murder by Hurtado of his wife's lover, the Supreme Court ruled that the Fourteenth Amendment due process clause: A.a. requires jury trials in all state courts. B.b. requires states to provide a grand jury indictment in capital cases. C.c. does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases. D.d. does not require states to provide a grand jury indictment in capital cases. Answer Key: D Question 2 of 22 3.5/ 3.5 Points A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case. A. True B. False Answer Key: False Question 3 of 22 3.5/ 3.5 Points In Colorado v. Bertine (1987), the police conducted an inventory search in which they searched Bertine's backpack after arresting him for driving under the influence of alcohol. The Supreme Court decided that: A.a. the search of the backpack violated the U.S. Constitution. B.b. the search of the backpack did not violate the U.S. Constitution because it was a legitimate inventory search. C.c. the search of the backpack violated the U.S. Constitution because it was conducted on a suspicion that drugs were in Bertine's backpack. D.d. the search of the backpack did not violate the U.S. Constitution because drugs were discovered in Bertine's backpack. Answer Key: B Question 4 of 22 3.5/ 3.5 Points ...
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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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...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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...Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of the Charter and indicates that none of the violations can be justified in a free and democratic society. INTRODUCTION: In a recent judgment, the Supreme Court of the United States approved the collection of a defendant’s DNA upon arrests under the Fourth...
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...Criminal Investigation: Final Essay Criminal Investigation 2530 12/3/15 Question 1 The first stage of the criminal investigation process is crime detection. First responding officers must take notes, watch persons leaving/entering crime scene area, scan, assess and reassess for officer’s safety. Officers need to address medical care issue to the people that need it. They must control, identify, and secure initial interviews. They must establish crime scene boundaries. Officers must identify and preserve crime scene evidence like the groceries, handwritten note, phone, bloody shoe print, shoe print in the dirt, fingerprints on the woman, gun bullet, and fingerprints on the purse like in the sample crime scene. Officers would most likely be doing different things at different crimes scenes. They must notify and brief investigators on what happened; and they must review and prepare final documentation. The second stage of the criminal investigation process is the preliminary investigation. Investigators need to: establish a division of labor, obtain information from first responders, interview key individuals like witnesses, conduct a reassessment of the crime scene, canvass the crime scene area, examine the crime scene and process the crime scene. Investigators must also photograph the crime scene, sketch the crime scene, measure the crime scene, search the crime scene, and do a final walk through and release the crime scene for evidence pertaining to the crime scene...
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...Essay Question 1 1. From the sale of his home in 2004, Melvin will incur a gain in the amount realized from the sale of his home, which exceeds his deferred basis in the home because the property was transferred to him incident to divorce. Furthermore, Melvin will be able to exclude the gain on the sale of his personal residence from his taxable income. The rules pertaining to federal income tax and income tax deductions are governed by the Internal Revenue Code (“the Code”). According to the Code, all income is taxable from whatever source derived unless otherwise excluded. Pursuant to the Code, income is defined as any economic benefit to the taxpayer or any clearly realized accession to wealth. Under this conceptualization of income, income can be in the form of cash or the fair market value of any property received. In the instant case, Melvin sold his principal primary residence. The amount realized for the sale of his home was $200,000 in cash and two paintings, each valued at $50,000. Thus, his entire amount realized, consists of the total value, or $300,000. Determining the amount realized is only the first step in determining what income will be taxable to Melvin in 2004. Next, because the disposition of property (receiving value for the sale of a home) is a capital gain, the amount of Melvin’s basis in the property must be subtracted from the amount realized to determine the amount of taxable income. A taxpayer’s basis in property is the amount of money...
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...Kalie Kollmar ENG 3003 Professor Dale Ireland Essay 1 July 19, 2015 Is Your Hotel Information Safe? Checking into a hotel requires giving the hotel your personal information including name, address, phone number, and credit card. But is this information that you give them protected? Caroline Levander and Matthew Pratt Guterl use two modes of persuasion in their article, Are Hotels Dangerous?, to interest or appeal to the reader, those being pathos and logos. Levander and Guteral use pathos to relate to their readers that have stayed in hotel rooms; and logos by supporting their statements with facts. Such as, when they report that in a Supreme Court decision invalidated an ordinance that requires owners of a hotel to give law officials patron information without a warrant. They do not, however, use ethos effectively because there is not efficient credibility from the authors. Levander and Guterl do not use ethos, but successfully use pathos and logos to convince the readers that hotels are more unsafe than guests realize because police can access patrons information without a reasonable cause. Ethos refers to the credibility of a writer. Neither Levander nor Guterl, are experts or workers in the hospitality field. There is no background information about the writer that would lead the reader to trust the information that they are providing. Even though large amounts of information were provided in their Are Hotels Dangerous? article, they cannot personally...
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...Department of Social Sciences and Humanities COLLEGE OF ARTS AND SCIENCES San Beda College Final Examination Introduction to Political Science, Philippine Government and Constitution I. MULTIPLE CHOICE QUESTIONS 1. The power of the government to enact laws promoting public welfare by restraining and regulating the use of liberty and property is otherwise known: a. Taxation b. Eminent domain c. Police power d. Ray-gun 2. The above-mentioned power is inherently vested upon the a. Judiciary branch b. Executive branch c. Legislative branch d. Armed Forces of the Philippines 3. The statement “No person shall be deprived of his life, liberty or property” is a. Absolutely true b. Generally true c. An exception to the general rule d. Bulls**t! Considering that many are being unjustly deprived of these rights day in and day out. 4. In the above-mentioned statement, person pertains to a. All, without exceptions b. Both natural and juridical c. Both citizens and aliens, without exceptions d. None of the above 5. The Judiciary can review the acts of the other branches of the government and determine whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction in such acts. This is reflective of the doctrine of a. Separation of powers b. Checks and balances c. Non-delegability of powers d. She-had-me-at-my-worst…you-had-me-at-my-best……….and-you-chose-to-break-my-heart...
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...EN102 - English Composition II VIP - Week 5 Week 5 Objectives: Upon successful completion of this Lesson, students will be able to: Reflect and respond to published works using scholarly analysis Utilize library resources when researching Reading Assignment Key Points: Academic writing is all about dissent. As writers in academia, we welcome a dialogue with those whose ideas challenge our own. This is an essential part of the academic process for several reasons: Because through dissent we add to the general pool of knowledge, Because through these challenges to our ideas, we strengthen our arguments, Because it compels us to seek a much broader, more encompassing world view. Inductive and Deductive Reasoning When we think, we start with, what Aristotle called the “Three Fundamental Laws of Thought.” While this is a complex concept, we can simplify it as: 1. The Law of Identity: Whatever is, is what it is. For instance, a cow is a cow. It may be a Jersey cow, it may be an old cow, it may even be a purple cow, but it is most definitely a cow. 2. The Law of Contradiction: Nothing can both be, and not be. A cow cannot both be a cow and not a cow at the same time. 3. The Law of the Excluded Middle: Everything must either be or not be. For instance, a cow is not, under any circumstances, and un-cow. A horse is also not a cow. According to these laws, there is no middle ground. Naming a thing makes it conceptual; it is, quite simply...
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...PROGRAM PLANNING AND GRANT PROPOSAL WRITING IN HUMAN SERVICES ARLETHA RAY AXIA COLLEGE HSM/270 PROGRAM PLANNING AND GRANT PROPOSAL WRITING IN HUMAN SERVICES DAKIRA STARKS-WALKER February 24, 2013 PROGRAM PLANNING AND GRANT PROPOSAL WRITING IN HUMAN SERVICES Program Scenario Three PEACE Domestic Violence Agency A written grant proposal for PEACE Domestic Violence Agency would start with the purpose of the grant in which the purpose of this grant would be to write a proposal for funding to help support the needs of victims that are abuse and traumatize from some sort of violence. There is a need for therapy, recovery and some assistance that will lead to empowerment for survivors. When getting started to write a grant proposal all the research and information need to be organized. There are many of different areas that need to be covered when writing a grant proposal. The grant starts by identifying the programs critical needs within the program. The best way to write a grant proposal is to follow the steps of going from section to section. A grant proposal should provide details of your background, your contact information, why you need the grant, introduction of your project, your experience and how the project will help the community. I would ask for $100.000 for two years of service, which would help fund the program PEACE Domestic Violence Agency. Proposal Summary *Limit to one page *State the organization making the request and link organizational...
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...are required to have probable cause sometimes overlooked? In several cases, outlined in this essay, our government has performed unpatriotic acts in the name of “national security” and has repeatedly challenged the very foundation of our constitutional freedoms. Fundamentalist groups and terrorists within them have been around for decades. Our government has the ability to monitor them, both here and abroad, and determine if there will be another threat against our Nation. Where is the balance between civil rights and national security? On October 26, 2001, President George W. Bush signed into law the Patriot Act with an overwhelming majority from Congress. The law was intended, in Bush’s words, to “enhance the penalties that will fall on terrorists or anyone who helps them.” ("George W. Bush Signs The Patriot Act", n.d. http://www.history.com/this-day-in-history/george-w-bush-signs-the-patriot-act). The bill broadly expanded law enforcements ability to investigate and perform surveillance and altered more than 15 different statues that had been in place since the early 1970’s. This law was enacted in great haste and does not provide a check and balances approach to safeguard the American citizens’ civil liberties. The Fourth Amendment of the Constitution protects the right of the people to be secure in their own persons, houses, papers, and effects against unreasonable search and seizure. This includes law enforcement...
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...Argument Essay Unit: Lesson Plan and Class Activities Global Learning Outcomes for this Unit *In the course of completing the assignment students will: • Learn to compose an argumentation-oriented thesis • Defend their thesis with academic-quality research that is properly sourced and cited as per the standard of university level writing • Anticipate and respond to counterarguments • Learn to critically engage the revision process through draft writing, instructor conferencing, and peer commentary • Respond the work of their peers as peer reviewers while providing relevant, productive feedback Class 1 – Introducing the Classical Argument Essay *Daily Learning Outcomes: • Reflect on Informative Essay • Introduce Classical Argument Essay • Break down the assignment sheet *Activity 1: Individual Reflection / Class Discussion (15 min) - Students open their portfolios and journals then reflect for ~10 minutes on their experiences during the Informative Essay Unit - Discuss reflections as a class *Activity 2: Introduce Classical Argument (20 min) - Have students bring a hard copy of the assignment to class with a highlighter: a. Get into groups of 4 b. Read the sheet aloud, highlighting all the action verbs c. Discuss the sheet as a group as instructor makes rounds *Activity 3: Mini-Lecture on Assignment /Questions (15 min) - Powerpoint slides “The Features of an Academic Argument” - Allow time for student questions...
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...Argument Essay Unit: Lesson Plan and Class Activities Global Learning Outcomes for this Unit *In the course of completing the assignment students will: • Learn to compose an argumentation-oriented thesis • Defend their thesis with academic-quality research that is properly sourced and cited as per the standard of university level writing • Anticipate and respond to counterarguments • Learn to critically engage the revision process through draft writing, instructor conferencing, and peer commentary • Respond the work of their peers as peer reviewers while providing relevant, productive feedback Class 1 – Introducing the Classical Argument Essay *Daily Learning Outcomes: • Reflect on Informative Essay • Introduce Classical Argument Essay • Break down the assignment sheet *Activity 1: Individual Reflection / Class Discussion (15 min) - Students open their portfolios and journals then reflect for ~10 minutes on their experiences during the Informative Essay Unit - Discuss reflections as a class *Activity 2: Introduce Classical Argument (20 min) - Have students bring a hard copy of the assignment to class with a highlighter: a. Get into groups of 4 b. Read the sheet aloud, highlighting all the action verbs c. Discuss the sheet as a group as instructor makes rounds *Activity 3: Mini-Lecture on Assignment /Questions (15 min) - Powerpoint slides “The Features of an Academic Argument” - Allow...
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...RESEARCH and WRITING CUSTOM EDITION Taken from: Writing Research Papers: A Complete Guide, Eleventh Edition by James D. Lester and James D. Lester, Jr. To the Point: Reading and Writing Short Arguments by Gilbert H. Muller and Harvey S. Wiener ISBN 0-558-55519-5 Research and Writing, Custom Edition. Published by Pearson Custom Publishing. Copyright © 2006 by Pearson Custom Publishing. Taken from: Writing Research Papers: A Complete Guide, Eleventh Edition by James D. Lester and James D. Lester, Jr. Copyright © 2005 by Pearson Education, Inc. Published by Pearson Longman, Inc. New York, New York 10036 To the Point: Reading and Writing Short Arguments by Gilbert H. Muller and Harvey S. Wiener Copyright © 2005 by Pearson Education, Inc. Published by Pearson Longman, Inc. Copyright © 2006 by Pearson Custom Publishing All rights reserved. Permission in writing must be obtained from the publisher before any part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system. All trademarks, service marks, registered trademarks, and registered service marks are the property of their respective owners and are used herein for identification purposes only. Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 ISBN 0-536-97722-4 2005240359 AP Please visit our web site at www.pearsoncustom.com ISBN 0-558-55519-5 PEARSON CUSTOM PUBLISHING ...
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