Exclusionary Rule is a Long-standing Doctrine in American...

The exclusionary rule is one of the longest-standing doctrines in American criminal and constitutional law. It is a rule designed to limit police and the state’s prosecution in how they can collect and use evidence. In the simplest sense, the exclusionary rule states that evidence collected or analyzed by the state in violation of the constitution cannot then be used in a criminal court proceeding. It is, in essence, excluded from use in an attempt to secure a conviction. While this simple look at the exclusionary rule provides some basis for understanding its concepts, one must look further. As with any aspect of constitutional interpretation, the exclusionary rule has a number of exceptions, and its force has been blunted in many ways by the Supreme Court’s efforts. The exclusionary rule is ultimately an excellent way of providing disincentives to police and investigators, providing them with little reward for choosing to violate the fourth amendment in trying to secu re helpful evidence. While it is not a perfect measure, it is the sort of measure that provides a practical disincentive to police and state overreach. Weeks v. United States was the landmark case that established the judge-made law embodied in the exclusionary rule . In this case, federal authorities had searched a man’s home using a key that they had found by speaking with a neighbor. While there, they seized various documents, doing so without a warrant. Based upon those documents, they were able toShow MoreRelatedThe Warren Court And The Criminal Justice Revolution Of The 1960 S1605 Words   |  7 PagesWarren’s court and jurisprudence is best known for cases on expansion of federal habeas corpus, expansion on the law of criminal procedure, expansion on free expression and exercise of religion, and desegregation public schools. All three played a pivotal role in the Supreme Court and the judicial system. â€Å"The Warren Court’s decision to expand federal habeas corpus helped fuel the criminal justice revolution of the 1960’s† (Stephens Scheb II 2012,2008,2003). Habeas corpus is Latin for â€Å"you haveRead MoreIss 225 John Molloy Final Exam Study Guide Fall Semester 20128139 Words   |  33 Pagessystems. What is the meaning of the concept of jurisdiction? A court has the right to hear a particular type of case. What is the meaning of the doctrine of â€Å"presumption of validity?† Courts must assume that, unless the burden of the evidence is clearly to the contrary, legislatures would not enact or executives sign into law measures which violate the constitution. What is the meaning of the term â€Å"stare decisis?†? Legal term meaning let the decision stand. Establishes precedentsRead MoreUnited States V. Arizona14319 Words   |  58 PagesUnited States v. Arizona: The Support Our Law Enforcement and Neighborhoods Act is Preempted and Discriminatory Melissa Goolsarran Table of Contents I. Introduction 1 II. Perspective: Immigration, Discrimination, and Limitations on State Laws 3 III. Background: United States v. Arizona 9 A. S.B. 1070 and the Legislature’s Justification 10 B. The Decision: United States v. Arizona 18 IV. Analysis: S.B. 1070 is Preempted by Federal Immigration Law and Also Discriminatory 23 A. The NinthRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesModern American Queer History Eric Sandweiss, St. Louis: The Evolution of an American Urban Landscape Sam Wineburg, Historical Thinking and Other Unnatural Acts: Charting the Future of Teaching the Past Sharon Hartman Strom, Political Woman: Florence Luscomb and the Legacy of Radical Reform Michael Adas, ed., Agricultural and Pastoral Societies in Ancient and Classical History Jack Metzgar, Striking Steel: Solidarity Remembered Janis Appier, Policing Women: The Sexual Politics of Law Enforcement