...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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...Unit V Case Study BCJ-2001 March 29, 2016 Introduction The exclusionary rule applies to evidence which has been confiscated in infringement of the U.S. Constitution. There have been many alterations to the exclusionary rule and its applications throughout the years. The exclusionary rule, in addition to three court cases, which have had a direct impact on the rule, will be examined in this case study. The court cases are Weeks v. United States (1914), Rochin v. California (1952), and Mapp. Ohio (1961). The Fourteenth Amendment to the United States Constitution and how it operates is accordance to the exclusionary rule, will also be studied. Additionally, this case study will examine logical searches and how they may have pertained to the three court cases. Exclusionary Rule The exclusionary rule is an interpretation of the Fourteenth Amendment by the Supreme Court, it is not part of the U.S. Constitution (Dempsey, 2013). When written, the Bill of Rights only applied to “agents of the federal government—not to those of local governments—the Court first applied the exclusionary rule only to federal courts and federal law enforcement officers.” (Dempsey, 2013, p.179) In court cases, the rule has progressed as an interpretation of the Fourth Amendment by the Supreme Court, which forbids any irrational search and seizure of a citizen. Illegally confiscated evidence cannot be utilized against a defendant in a court, as it violates the Fourth Amendment, thus, the evidence...
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...will define authenticity. When you think of the word authentic or authenticity the first thing that comes to mind is something that is genuine, or unquestionable about its trueness. In other words, authenticity simply means that the character of the evidence is what it professes to be. Secondly evidence must also be relevant for it to be admissible in court. The term relevancy means related or connected with; something that can support the trueness of the evidence or situation at hand. And lastly, when I assess of the word competency I think of mental capacity but in the world of law competency as used to describe evidence means that the evidence is relevant and is appropriate confirmation that is not barred by any exclusionary rule. Evidence can be inadmissible all though it may be both authentic and relevant because of its incompetency based on the exclusionary rule such as public policy (spousal privileges), reliability ( statement of witness-hearsay), and undue prejudice. Evidence can be relevant and authentic but is considered inadmissible if the evidence that is be considered is based on other offenses. An example While studying the formula this week for admissibility= authenticity +relevancy +competency, I also wanted to added that although evidence may not be directly related to the case it can be admitted because of other offenses or its similarity. An example: A domestic violence case where a history of violence is shown because of past offenses against...
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...from wrongdoing. Most laws, however, are directed at protecting the citizens under the law. The amendments in the Constitution, however, significantly play a role in protecting the citizens under the United States Constitution. Of the amendments, the 4th amendment grants citizens the rights against “unreasonable searches and seizures” (Schmalleger 2013). However, if this amendment is breached, the exclusionary rule applies, regarding any evidence obtained illegally unusable in trial. The evidence that is obtained illegally may not be used on the accused. The exclusionary rule protects citizens from unlawful searches. For example, if an officer pulled over a citizen for speeding, the police officer has the right to question the driver. The police officer also reserves the right to check for a valid driver’s license and insurance. However, for a routine traffic stop, the officer does not have the right to search through the trunk of the accused without a warrant. The law grants reasonable searches, as opposed to unreasonable searches – searches without a warrant. The exclusionary rule applies to all evidence obtained and related to a case. The Fruit of Poisonous Tree Doctrine denotes that “later evidence that derived from the illegal seizure” may also not be permissible in court (Schmalleger 2013). In other words, if the evidence previously obtained is illegal, the relating evidence later is also tainted to be deemed illegal. The Fruit of Poisonous Tree Doctrine protects citizens...
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...Critical Thinking –Chapter #19 Assignment #2 7/25/2010 1. Describe a crime. Who are the parties to a criminal action? A crime is any act done by a person in violation of those duties that he or she owes to society and for the breach of which the law provides a penalty. The parties in a criminal action are the plaintiff which is the government represented by the prosecuting attorney and the defendant who is the person or business accused of the crime. 3. Describe the difference between the following classifications of crimes: felonies, misdemeanors and violations. Felonies are the most serious of crimes, usually punishable by imprisonment, whereas misdemeanors are less serious crimes that are punishable by fines or less than 1 year in prison. Violations are not felonies or misdemeanors and the penalty is usually a fine. 4. Define Actus Reus? Define Mens Rea. What is a non-intent crime? Give an example. Actus Reus- guilty act Mens Rea- state of mind, evil intent A non-intent crime is a crime that imposes criminal liability without finding intent or mens rea. A death of a pedestrian due to a person’s reckless driving would be considered a non-intent crime. They could be found guilty of involuntary manslaughter and sentenced to prison. 5. What is the difference between criminal and civil law? What is the jury vote required for each? What is the standard of proof for each? Civil Law- Action is brought by a Plaintiff, trial by jury, except in actions...
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...properly seize evidence are conditions to the investigative process. Officers also must have a clear understanding of when a search and/or arrest warrant is required and when it is not. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their 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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...future existence or non-existence of the other. According to Lord Simon in DPP v Kilbourne, “Evidence is relevant if it is logically probative of some matter which requires proof… It is sufficient to say … that relevant (that is, logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable” (Allen, p8). Essentially, relevant evidence is that which makes the matter requiring proof more or less probable. In this sense, relevance is arguably an absolute concept, as proof of one fact either makes the existence of another more probable, or it does not. Notwithstanding, relevance is often regarded as variable, just as evidence can be regarded as more or less relevant. Zuckerman describes relevance as “having a contextual and dynamic nature”, and the relevance of one fact to another can be judged on its own or in connection with other facts (Zuckerman, p46). This seems to relate more to the cogency of the evidence, given its relevance, but it secures a place in the exposition of the subject because the qualification of sufficiency relates to it. Moreover, for an item of evidence to be relevant, it is never necessary that it should be conclusive. In other words, it is no argument against the relevance of an item of evidence that it can be explained in a way that does not support the proposition that it is being put...
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...Ohio (1961) ____________.a a. admitted that the exclusionary rule, although necessary, violated common sense b. overruled Boyd v. U.S. (1886) c. relied on the imperative of judicial integrity d. incorporated the substantive rule of the Fourth Amendment 18. Illegally seized evidence or statements may be introduced or used for each of the following hearings or purposes, EXCEPT ___________. a. alien deportation b. formulating a grand jury question c. impeaching a witness d. parole revocation 19. Each of the following statements regarding the majority opinion in United States v. Leon (1984) is correct, EXCEPT ____________. a. the Fourth Amendment is not concerned with constitutional violations by judges b. deterrence is the only reason for the exclusionary rule c. the search in the case violated the Fourth Amendment d. the exclusionary rule exacts substantial social costs 20. The affi davit in Spinelli v. U.S. (1969) included every element EXCEPT ___________. a. Spinelli crossed a bridge every day and went to the same apartment b. Spinelli had a reputation as a “bookie” c. the apartment had two telephones d. Spinelli’s bookmaking calls were recorded 23. An argument used in courts to oppose the “plain feel” rule was ____________. a. extending reasons to justify police searches undermine civil liberties b. the sense of touch is not as sensitive as sight c. the rule was not contemplated by the framers of the Fourth...
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...or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Drop box: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) The administrative agency that controls the regulation is the Department of The Treasury, Internal Revenue Service. My interest is in the proposed regulation that is as an accounting professional. The effect of the future change will result in registration fees and application requirements and continuing learning, which will be set forth in additional guidance publications. However, this regulation will cause a fee to be charged for the renewal or initial issuance of a Preparer Tax Identification Number. 2. Describe the proposal/change. (10 points) The proposed change will cause a registration requirement for all paid tax preparers that will file tax returns after December 31, 2010. There will be a registration fee of $64.25 annually. Registration will be electronic and there will be competency exam requirements and finally continuing education stipulations that will be integrated into the system at a later date. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) The intent of my comment is to give my support of the forthcoming...
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...Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for...
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...Unit Four Seminar Make-Up The Bill of Rights is intended to protect the citizens of abuse from police power. (Seminar.) This is a formal declaration of legal and civil rights in any state. This would be our amendments. The fourth amendment is the right for people to be secure in their homes against unreasonable searches and seizures which shouldn’t be violated under any circumstances. There are a few things needed for a warrant: probable cause is one of them along with neutral or detached magistrate meaning a state chief investigator or a state general attorney issued by him or her is invalid. The magistrate must approve the warrant before it can be issued. And particularity requirement meaning that the warrants must describe the particular...
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...IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) NETSCAPE COMMUNICATIONS ) CORPORATION, ) 466 Ellis Street ) Mountain View, California, ) ) Plaintiff, ) ) v. ) ) MICROSOFT CORPORATION, ) One Microsoft Way ) Redmond, Washington, ) ) Defendant. ) ) ____________________________________ ) Civil Action No. _____ JURY TRIAL DEMANDED (Per Local Civil Rule 40.5, Related to Civil Action Nos. 98-1232 and 98-1233) COMPLAINT This action follows the determination of Microsoft Corporation’s (“Microsoft”) antitrust liability in United States v. Microsoft, Civil Action Nos. 98-1232 and 98-1233, unanimously affirmed by the Court of Appeals, where it was found that Microsoft’s illegal acts had “inflicted considerable harm on Netscape’s business.” Netscape Communications Corporation (“Netscape”) thus brings this action against Microsoft to prevent further injury to Netscape, to restore competition lost in the market for Web browsers, to foster competition in the market for operating systems, and to receive treble damages compensation for the harms inflicted upon it by Microsoft. Netscape seeks this relief under Sections 1 and 2 of the Sherman Act, sections 28-4502, 4503, 4508, and 4510 of the District of Columbia Code, and under the common law, for harm resulting from Microsoft’s anticompetitive conduct in the markets for Intelcompatible personal computer (“PC”) operating systems and Web browsers worldwide. Plaintiff alleges as...
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...culture as a source of control and power relations has been discussed by a variety of scholarly voices. Among the most prominent is Michel Foucault, who described the various ways that consumer markets circumscribe public spaces, placing important distinctions between class members. In particular, Foucault discusses heterotopia – the public space which carries both physical and psychological gravity. For Foucault, public spaces are characterized by existing without truly existing. The heterotopia serves as a metaphor for a larger context while having the appearance and characteristics of other everyday spaces. Tyndall takes this notion a step further by developing social rules that are attached to consumer places, such as malls and shopping districts (Tyndall, 2009). This version of consumer-driven rules – culled from qualitative research and personal interviews – depicts a new notion of public-ness that is less egalitarian than ever before. It is a version of public space that is not entirely open to the public. Baker adds to this perspective by historicizing the commercialization of public space, dating the use widespread use of public space for advertising purposes to before the dawn of the 20th century (Baker, 2007). This argument inextricably links the notion of “culture” with “consumerism”, and sets the stage for the potential for access to public spaces to be consumed, or purchased. Finally, Klingle underscores this spatial history of consumption, placing the transaction...
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...EXPANDING THE FRONTIERS OF ABUSE OF DOMINANCE THE ASTRAZENECA CASE AND ITS IMPLICATIONS FOR SOUTH AFRICA Neil Mackenzie and Stephen Langbridge1 On 6 December 2012 the European Court of Justice decided the case of AstraZeneca v Commission2. The ECJ upheld the European Commission’s finding of a novel abuse of dominance - by strategic misuse of regulatory procedures, AstraZeneca impeded the entry by marketers of generic pharmaceutical products into various European markets. The company was found to have made misleading representations to patent regulatory agencies in order to procure unwarranted extensions to existing patents, and to have strategically withdrawn the market authorisations ordinarily relied upon by generic producers to sell their products. What is novel about this? Abuse of dominance laws are typically applied to what might be described as conduct in the market. What we mean by this is the manner in which the dominant firm provides its goods or services to the market, and engages with its suppliers, customers and competitors. The AstraZeneca case applies abuse of dominance law to ‘non-market’ conduct in this case conduct in the course of engaging with regulatory authorities. This previously unchartered species of anti-competitive behaviour could be described as a ‘regulatory abuse’. This case appears, therefore, to have expanded the frontiers of European abuse of dominance law. Its implications may well be profound for the enforcement activities of competition authorities...
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...amendment was not intended to protect every utterance. Many United States Supreme Court cases have consistently held that there are narrow categories of speech that are not protected which include but are not limited to, obscenity, child pornography, inciting to riot, libel, false advertising, perjury, threats, harassment, and invasion of privacy. Although the definition of obscenity is not sufficiently clear, the United States Supreme Court provided a workable attempt in defining what is obscene. In 1973 in the case of Miller vs. California, the court held that before any material can be determined obscene they must determine whether the average person would find the work taken as a whole appealing to prurient interest, whether the work describes in a patently offensive way, and whether the work taken as a whole lacks serious literary, artistic, political, or scientific value. Obscenity can be in many forms such as conduct, pictorial representation of conduct and in the written and oral description of conduct with each method of expression presenting its own problems. Laws that prohibit indecent or obscene language will be struck down as unconstitutional where they do not articulate a boundary between those expressions that are protected by the constitution and this particular one is not. Racist speech cannot be protected if the victims have no other choice but to listen. If the speech can be avoided, then the speech is protected. Racial insults are not designed to do anything...
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