Exclusionary Rule Issues
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Describe the "Exclusionary Rule" and what it is meant to protect the citizens of this country from.
What are the benefits of the Exclusionary Rule? Explain.
Identify at least two methods of demonstrative evidence which would the concept of "Best Evidence".Use scenarios to describe the theory of Best Evidence.
Explain the absolute adherence to avoiding any evidentiary issue that would result in a "Fruit of the Poisonous Tree" violation. Explain the ramifications and results of such a violation. Use at least two scenarios to demonstrate this issue.
Explain the idea behind the courts displeasure with issues like the Christian Burial Speech. What might it mean in the long run to a serious case just as it did with Brewer v. Williams.
Explain the types of behavior that may result in the application of the Shocking the Conscience of the Court Test. Provide at least one scenario as demonstrative instruction.
Provide instruction that coercion is a clear violation of the constitution. What areas are violated and what types of behavior are considered coercion.
What are the liabilities of the Exclusionary Rule? Explain.
What types of errors can occur? Explain
What ramifications can result from these errors? Explain.
Include four references and be sure to reference sources using APA style.
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Solution Summary
A discussion on what exclusionary rules are, their limitations and problems associated with them in the legal system.
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The Exclusionary Rule is a barrier for citizens from the government engaging in illegal behavior that is in direct violation of the United States Constitution to obtain convictions. If evidence obtained is gained from an unreasonable search or seizure in violation of the Fourth Amendment, the exclusionary rule will ensure that this evidence is barred from being used in court against the defendant. Improperly elicited self-incriminatory statements gathered in violation of the Fifth Amendment such as those gleaned during Miranda v. Arizona, 384 U.S. 439 1969 as well as in situations wherein the government has obtained evidence that was in direct violation of the defendants' Sixth Amendment Right to Counsel. It is meant to protect citizens from illegal search and seizure, false confessions, and other forms of governmental abuse that occur to convict citizens without sufficient evidence that is legal under the United States constitution.
What are the benefits of the Exclusionary Rule? Explain.
The benefits of the Exclusionary Rule are that citizens don't fall under tyranny by a tyrannical government that can use ill-gotten evidence, coercion, and other forms of deceit or unconstitutional means to convict citizens of criminal offenses. The Exclusionary Rule represents a constitutional check on the powers held by law enforcement, and is needed in a democratic society.
Identify at least two methods of demonstrative ...
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