...Exclusionary Rule Student’s Name Institutional Affiliation Exclusionary Rule is constructed on the state constitution of the United States, which requires that evidence or materials qualifying as such, obtained by the arresting or case officers in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America. Principally...
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...Mapp v. Ohio, 367 U.S. 643 (1961) was a very important case and turning point in our nation's history. It changed our legal system by extending the evidence exclusionary rule that was originally decided in Weeks v. United States, 232 U.S. 383 (1914). It also marked the final incorporation of the fourth amendment into the due process clause of the fourteenth. The exclusionary rule was created in Weeks which prevented the federal government from using evidence that is found during an illegal search without a warrant. Years later in Wolf v Colorado, 338 U.S. 25 (1949) the Supreme Court ruled that both state and local governments must obey the fourth amendment by getting a warrant before conducting a search. The court also said the exclusionary rule did not apply to the states allowing state prosecutors to use illegally seized evidence in trial. Mapp v. Ohio gave the Supreme Court the chance to overrule Wolf and apply the exclusionary rule to the states. Mapp v. Ohio was quite the interesting case. It started on May 23, 1957, when three Cleveland police officers arrived at Dolly Mapp's home regarding information suggesting that a person wanted for questioning in connection with a bombing was hiding in the house, and upon a large amount of paraphernalia in the home (Mapp v. Ohio). The officers demanded entrance but Ms. Mapp refused entrance to the home without a search warrant after telephoning her attorney (Mapp v. Ohio). They took surveillance of the house and arrived some...
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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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...Exclusionary Rule The exclusionary rule is a rule that is used in the United States, which is stating the evidence that is illegally taken by police, and cannot be used in criminal trials. The rule is to protect the constitutional right. In the Fifth Amendment the exclusionary rule states that no one shall be made in a criminal trial case to be a witness against themselves, and that nobody shall be deprived of life, liberty, or property without applying due process of law. The exclusionary rule is in the fourth amendment and is intended to protect people from searches that are illegal and seizures. To protect against self-incrimination and to protect people from prosecution from evidence gathered by the police that is very illegal and violates the Fifth Amendment. In the sixth amendment the exclusionary rule applies to the violations which make sure every citizen has the right to counsel. The exclusionary rule is used and applies to anyone who lives in the United States. “The courts finally decided on the exclusionary rule, the rule that says that evidence illegally seized may not be used as evidence, as a means of enforcement. “We’re sorry" doesn't quite cut it. The courts gave as their rationale for the rule the concept of "unclean hands." If the courts, the symbol of our highest justice, use evidence they know to be illegally obtained, they condone through their use of the evidence the illegal action and they then...
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...persons, houses, and effects. It states no warrants shall be issued unless there is probable cause, supported by oath or affirmation, and specifically describes the place to be searched and the person or things to be seized. However, both the U.S. Supreme Court and federal courts have specified limited exceptions to the Fourth Amendment search warrant requirement. The seven exceptions to the Fourth Amendment...
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...Without the exclusionary rule the government would be free to violate the 4th amendment. Exclusionary rule protects citizens from evidence obtained illegally; any evidence obtained illegally cannot be used in a court of law. Evidence must be collected by abiding by the law and citizens’ rights, whether it be documents or any other incriminating evidence. In the following we will look at a brief historical overview of the development of the exclusionary rule, including its exceptions. Early signs of the Exclusionary Rule are found in 1914 in Weeks v. United States. Weeks was convicted based upon evidence that was seized from his home on two warrantless searches; including evidence that had private papers that compelling in his case. The...
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...information that a person wanted for questing regarding a connection with recent bombing was hiding in the house and there were large amount of paraphernalia being hidden in house. The petitioner requested for a search warrant, officer at the time had no search warrant. Officers waited for backup for about three hours and knocked on the door. Upon failure to open the door on time officers forcefully entered the house and showed alleged search warrant. But the Ohio Supreme Court said even if the evidence was acquired illegally it does not prevent them from using it on trail, citing Wolf v. Colorado in which court hold that, if a person is prosecuted for a State crime in a State court, the Fourteenth Amendment does not prevent use of evidence obtained illegally. The petitioner than appealed in Supreme Court of United States for evidence acquired in violation of the Fourth Amendment should not be used in State court proceedings. Judgement: The U.S. Supreme Court reversed the decision of Ohio Supreme Court and ruled in favor of the petitioner by 5-3 votes. The court...
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...Wolf v. Colorado 338 U.S. 25 (1949) Facts: The State court of Colorado convicted the petitioner, Wolf, for conspiring to commit abortions. The evidence obtained for this conviction was allegedly obtained in violation of the search and seizure clause of the Fourth Amendment. Question: Are states required to exclude evidence that has been illegally obtained from trial under the Fourth and Fourteenth Amendments? Holding: No, due process is not denied when a State court admits evidence obtained by illegal search and seizure. The Fourteenth Amendment does not subject criminal justice in the States to limitations. Boyd v. United States 116 U.S. 616 (1886) Facts: Federal customs agents confiscated cases of plate glass under the suspicion that particular documents had been falsified so that customs fees could be avoided. A judge ordered the defendants to show the documents that had the quantity and value of the shipments. The defendants protested that they could not produce evidence against themselves, but this motion was overruled....
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... 2013 Week v. United States What is the main issue or question involved in the case? Weeks v. United States was a Supreme Court case that the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. On December 21, 1911 Mr. Weeks was arrested by police without a warrant, at the Union Station in K.C. Missouri, where he was employed by an express company. While he was detained other officers entered his residency without a warrant and took several possessions that were turned over to U.S Marshalls. Later that same day The U.S Marshalls returned and took additional evidence to try and convict Mr. Weeks also without a warrant. What precedent or laws did the court use in order to come to its ultimate conclusion? The case raised a question about the Fourth Amendment. What kind of protection does the 4th Amendment provide for U.S citizens? How can the evidence gained by an illegal search be used? What kind of penalty will be issued to officers who gain evidence through illegal search? Mr. Week’s lawyers argued the 4th Amendment will be meaningless unless it provides some real protection. To say that people are safe from unreasonable search and seizures have no value unless it is clear that evidence from such searches cannot be used in federal court. Federal officials should not be able to break the law in order to force the law. Drawing on the Boyd v. United States case the court...
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...Assignment 2; Procedural Criminal Law 1. Explain to me why the Mapp v. Ohio case is as important as it relates to the 14th Amendment. In the case of Mapp v Ohio police suspected that Dollaree Mapp could be helping a suspect hide in her home from the police Cleveland, Ohio. The police knocked on Mapp’s front door insisting that Mapp let them in, due to the police not having a search warrant Mapp told the police no. several hours later the police refrained from watching Mapp’s home and forced their way into Mapp’s home waiving a warrant as they entered. During the police searches they came across a trunk containing explicit materials. Mapp was then arrested and charged with possession of explicit materials. The Fourth Amendment "put the courts of the United States and federal officials under limitations and forever secures the people of their persons, houses, papers and effects against all unreasonable searches and seizures. By including only United States and federal officials in its ruling, the Court still left open the question of whether evidence unlawfully seized could be used in a state criminal court proceeding. (Lisa Pahm) The case Wolf v. Colorado in 1949, due to the effect the Fourth Amendment was discussed for the first time on the states. If the Due Process Clause of the Fourteenth Amendment united is determined,...
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...Unclassified Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development DAF/COMP(2014)14 06-Jun-2014 ___________________________________________________________________________________________ English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE DAF/COMP(2014)14 Unclassified AIRLINE COMPETITION -- Background Paper by the Secretariat -18-19 June 2014 This document was prepared by the OECD Secretariat to serve as a background note for Item IX at the 121st meeting of OECD Competition Committee on 18-19 June 2014. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Organisation or of the governments of its member countries. More documents related to this discussion can be found at http://www.oecd.org/daf/competition/airlinecompetition.htm. English - Or. English JT03358883 Complete document available on OLIS in its original format This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. DAF/COMP(2014)14 TABLE OF CONTENTS Introduction ................................................................................................................................................. 3 1. Features of the airline industry .............................
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...the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited by John Jackson, Máximo Langer and Peter Tillers Published in North America (US and Canada) by Hart Publishing c/o International Specialized...
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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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...A Case Study Comparison of Charter and Traditional Schools in New Orleans Recovery School District: Selection Criteria and Service Provision for Students with Disabilities By Copyright 2008 Nikki L. Wolf B.S., Northwest Missouri State University, 1985 Submitted to the Department of Special Education and the Faculty of the Graduate School of the University of Kansas in partial fulfillment of the requirements for the degree of Doctor of Philosophy. Dissertation Committee: _____________________________ Chairperson _____________________________ ___________________________________ ___________________________________ ___________________________________ Dissertation defended: April 28, 2008 3336479 Copyright 2008 by Wolf, Nikki L. All rights reserved 2008 3336479 The Dissertation Committee for Nikki L. Wolf certifies that this is the approved version of the following dissertation: A Case Study Comparison of Charter and Traditional Schools in New Orleans Recovery School District: Selection Criteria and Service Provision for Students with Disabilities __________________________ Chairperson Date approved _________________ ii ABSTRACT In post-Katrina New Orleans, there is a growing concentration of charter schools. The Recovery School District (RSD) has oversight for the majority of these schools. To explore charges from community advocates that RSD charter schools restricted admission and provided inadequate services for students with disabilities...
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...Public Policy Critical Perspectives on Multiculturalism David Bromell Institute of Policy Studies First printed in 2008 Institute of Policy Studies School of Government Victoria University of Wellington PO Box 600 Wellington © Institute of Policy Studies ISBN 158 IPS/Pub/978-1-877347-26-9 This book is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced without the permission of the Institute of Policy Studies. Copy editor: Belinda Hill Cover design: Milne Printers Ltd Printed by Milne Printers Ltd Contents List of Tables iv List of Figures iv List of Boxes iv Foreword v Acknowledgments and Disclaimer ix Part One: Introduction and Context of Inquiry 1 Introduction 2 New Zealand Context 3 21 Part Two: Communitarian Responses to Liberalism Introduction to Part Two 61 3 Civic Republicanism: Michael Sandel 63 4 The Politics of Recognition: Charles Taylor 83 Part Three: Multiculturalism Introduction to Part Three 105 5 Multicultural Citizenship: Will Kymlicka 107 6 Common Citizenship in a Multicultural Society: Bhikhu Parekh 151 Part Four: Critical Responses to Multiculturalism Introduction to Part Four 187 7 A Politics of Difference: Iris Marion Young 189 8 Against White Paranoid Nationalism: Ghassan Hage 223 9 ...
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