Should the Exclusionary Rule be abolished? What alternative remedy would you favor to prevent police abuse? Is this debate now largely symbolic? Please discuss. The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the
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When police officers take the law into their own hands it’s an abuse of power. As citizens you have the right to feel protected and safe but then there are senseless killings happening everywhere you start to believe if the police attacks are intentional or unintentional. Furthermore, having to believe that the law enforcers who are hired for our safety make clear and sound judgments about the individual in question. However, in recent years, it is alarming to see the amount and the rate of that
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Amendment protects advocacy of illegal action except when imminent action is intended and probable. Justice Oliver Wendell Holmes, Jr. gave the example of, “falsely shouting fire in a theatre causing panic” (http://www.firstamendmentcenter.org/not-many-exceptions-to-free-speech-guarantee). This is not protected because it presents a clear and present danger that causes an immediate reaction that could cause physical harm or injury to others. Defamation, both written (libel) and spoken (slander)
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This causes more fear in people. According to Raasch, “From my 35 years of Experience with the Joliet Police Department, fear causes people to act more irate. Irate people carrying a weapon can cause serious situations, often harming innocent people. (Raasch)”. Have you ever gone out to breakfast with your family and when you sit down at your table you realize the man at the table next to you has a gun holstered to his hip? How would this make you feel? Carrying a weapon can also cause people
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Alex Wubble, the head nurse at University of Utah Hospital’s burn unit, was violently arrested after refusing to obtain a blood sample from a patient for a police officer without any of the three requirements. The three requirements which is an electronic warrant, patient's consent, or patient under arrest, which is also something that the police station agreed to follow with the hospital. The patient could not consent, the officer told Ms. Wubble he didn't have a warrant, and the patient wasn’t under
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Case Name: Herring v. United States Citation: 555 U.S. 135 Date of Decision: 2009 Area of Law: Fourth Amendment- Unreasonable Searches and Seizures. Good Faith Exception to Exclusionary Rule. Vote: 5/4 Procedural History: The Defendant was convicted in court after the District Court of the Middle District of Alabama denied Herring's motion to suppress evidence. The Court of Appeals for the Eleventh Circuit affirmed. Case Facts: The Alabama Sheriff's Department apprehended Herring
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Unit 8, M1: Analyse the impact f war and conflict on one UK public service. D1: Evaluate the impact of war, conflict and terrorism on one UK public service. The act that the British Public Services frolic in these fights is not always the same; this way that the results on ability workers will vary from one kind of involvement to another. (Gray) Role | Effects on individuals and the service | Direct military combat | The results of involving in direct military combat are well documented
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Clause, which protects civilians from the denial of life, liberty, or property (Zalman, 2011). The primary goal of the Exclusionary Rule was to combat police misconduct that violates constitutional rights, which possibly could lead to civil and federal lawsuits against police and municipalities for ongoing wrong. The Exclusionary Rule encourages police officers to adhere to the rights outlined in the Constitution and the Bill of Rights. This
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County and Manassa went to their local board of supervisors to voice their issue about the rising population of illegal immigrants that are taking over their communities. The board of supervisors chairman Cory Stewart resolution for this issue requires police
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Alex Wubble, the head nurse at University of Utah Hospital’s burn unit, was violently arrested after refusing to obtain a blood sample from a patient for a police officer without any of the three requirements. The three requirements which is an electronic warrant, patient's consent, or patient under arrest, which is also something that the police station agreed to follow with the hospital. The patient could not consent, the officer told Ms. Wubble he didn't have a warrant, and the patient wasn’t under
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