...Jones David Harper CJA/364 September 17, 2012 Exclusionary Rule Have you ever thought about what our country would be like if we did not have any rules or regulations? It would be a world of chaos, and would not be enjoyable. One rule we could never live without is the exclusionary rule. The exclusionary rule is protected by the Fourth Amendment. The exclusionary rule states that any evidence collected that violates the criminal’s right can not be used in court. The only way that illegal evidence may be used in a court room, is IF and WHEN the lawyer can prove to the judge that there is nothing linking misconduct by the police and gathering the evidence. The exclusionary rule has one sole purpose. That purpose is to deter police misconduct instead of punishing the errors of judges. The rationale for the exclusionary rule that was given by the courts was unclean hands. Unclean hands is a legal document which states that a person that is asking for judgment may not receive any help from the court if they have any unethical actions in regards to the lawsuit (“The Exclusionary Rule, n.d.”). There are many different exceptions to the exclusionary rule. Good faith exception is a document that gives exception to the exclusionary rule when evidence is collected illegally. The only way it can be submitted in court is if the police officer is acting in good faith. Another exception to this rule is if a second un-poisoned or untainted source had a major...
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...Rule of Law Rule of law is most discuses but least understood concept of present times. Laws are such principles that form basic standard acceptable behavior. This basic standard acceptable behavior are formed aver a long period of time. These principle define clearly the purposes that people are supposed to follow to established a healthy society. The presence of these principles provides a clear vision to society. If these are no laws in a society its members live a life not better than animals. The citizens of such state become most horrible creature of the world. These principles save humanity from such alarming degraded condition. Laws are generally the code of standard acceptable moral behavior that everyone has to follow and if he fails to do so, he is punished for his inefficiency in following these laws. These principles are indispensible to make man’s nature right. Without principles man tends to be immoral and at the same time presence of principles provide an opportunity to develop man’s virtuous nature. For this, people should acknowledge the importance of these laws. The first and the foremost requirement of this acknowledgement is that government and citizens both are subject to these standard acceptable principles or laws. It also demands that thee laws must not be arranged keeping particular groups in mind. In the past were made to support government. And government was considered above these laws. But supremacy of law demands that government is also subject...
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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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...Crim 1010 24 Oct 2011 The Exclusionary Rule Everyone knows about the concept that they have the right to privacy and cannot be searched without a proper warrant. Unfortunately, many people don’t know about the exclusionary rule, which is what actually protects us from unlawful searches. With the growing problem of police misconduct, the exclusionary rule was put in place to curb this misconduct. This rule basically is what enforces the fourth amendment stating that if any evidence is obtained through an illegal search or seizure of a person or their property, it will be suppressed in court. In order for the exclusionary rule to be in effect, there are three main criteria that must be met. For starters, an officer of the law must have performed an illegal action. Next, evidence must be secured. Finally, the first two criteria must have at least a slight coincidence with each other. Even if all three of these are present, if they can’t all be proved, the exclusionary rule would be exempt. It is the defenses job to notice if this has happened and file a petition to suppress the evidence obtained. When this occurs, the prosecution must then prove them wrong. It’s kind of a “guilty until proven innocent” situation for the prosecution. There are three exceptions that the prosecution should look at when trying to prove their case. The Independent Source doctrine is the first exception. This doctrine says that if evidence is obtained...
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...In 1914 the US Supreme court created the exclusionary rule after the weeks v United States. This is only valid on federal level court. The exclusionary rule is when the court can legally deny a part of evidence used in a criminal trial. The exemplary rule is not apart of a citizen's rights but it's a choice that the court decides on when any law enforcement officer illegally collects evidence. The reason the exemplary rule exists is because many times officers misconduct evidence and try using it on trail. There is a few exceptions to the exemplary rule such as any evidence obtained by a police officer with a proper warrant and is believed to be valid may be used in trail ;this action is called the good faith exception. Another is called the...
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...What is the Exclusionary Rule and what is an example? What are the expectations of the rule? How does the Exclusionary Rule apply to criminal procedure? Compare and contrast the criteria (including rationale) on which the Exclusionary Rule was based. Should the rule be abolished? Are there better alternative remedies to the rule and if so, what are they? The exclusionary rule essentially excludes evidence illegally obtained or in evidence obtained in violation of the Fourth Amendment (Lippman, 2011, p. 423). While the exclusionary rule is reactionary in nature and is used as a last resort relative to evidentiary admissibility, certain principles have been established that restrict or constrain it (p. 423). For example, claimants must be able to show their Fourth Amendment rights have been violated. While the exclusionary principle was developed in order to delimit unlawful or excessive police action, self-appointed citizens acting as police without authority to do so, etc., the exclusionary principle is not always applicable (Ferdico, Fradella, & Totten, 2013, p. 89). For example, evidence obtained by police acting in good faith, upon the belief that the search was legal might be included (p. 431). In fact, Lippman (2011) contends that attenuation and collateral proceedings such as preliminary hearings, may also inform the admissibility of evidence (Lippman, 2011, p. 414, 431). For understandable reasons then, numerous cases raising questions about Fourth Amendment rights...
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...held that evidence obtained by unreasonable search and seizure must be excluded in a federal criminal trial. The Court also held that the Fourth Amendment barred the use of evidence obtained through illegal search and seizure in a federal prosecution. With this ruling, the Court established the exclusionary rule. Mapp v. Ohio (1961) On May 23, 1957, three police officers went to the home of Dollree Mapp to search for a man, who was wanted in connection with a bombing at the home of Donald King. The police officers knocked on the door and demanded entry. Mapp telephoned her attorney, and the attorney advised Mapp to refuse the police from entering her home without a search warrant. Three hours later, the police arrived again and forced their way into Mapp’s home. As the police officers began to searched the home, Mapp demanded to see a search warrant. One of the officers held up a piece of paper purported to be a search warrant. The police searched Mapp’s entire home and searched a trunk located in the basement and found pornographic literature. Subsequently, Mapp was convicted for possessing obscene materials. In 1961, the Supreme Court made the exclusionary rule applicable to all state courts and law enforcement personnel in the landmark decision of Mapp v. Ohio. The Court held that although the search had...
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...University of Toronto at Scarborough Department of Physical Education and Athletics S.C.A.A. Interhouse Ball Hockey Rules and Regulations Important Notes • For all rules not covered please refer to the Ontario Ball Hockey rules. • The team captain is responsible for making sure all players are aware of the rules. • All appeals must be handed in writing within 24 hours of the game at the athletic service counter Teams • A team will consist of no more than twelve (12) and no less than six (6) players. • All players must be U of T students/members/staff • Any team defaulting one of their first games will be replaced by a team on the waiting list. • A player may only play on one team • A player must play at least half the season games in order to be eligible for playoffs. • A player must present their student card if asked too by the convener • Teams playing with an ineligible player (ie: non-student/member) will default the game and points will be deducted from the standings. Playing Area • The playing area will encompass the entire gym bordered by all four walls • Balls may be played off any of the walls • There are a maximum of five (5) players and a goalie, or six (6) players without a goalie on the floor per team at a time Equipment • Players must wear helmets with either a cage or half-shield. • Players must wear ball hockey or ice hockey gloves (winter gloves are not...
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...-> potatoes [Coverage=0.189 (189); Support=0.082 (82); Strength=0.434; Lift=1.53; Leverage=0.0285 (28.5); p=5.30E-007] Assignment 1: Association Rules Association rules represent a learning method to discover relations and associations between groups of data. The purpose of the association rules is to find certain patterns in the items in a large database. This will enable us to discover the probability that one would buy a product, given the purchase of another product. There is a certain terminology and notations for the association theory. The support of a set of items represents the number of transactions in which a certain set of items occurs in the transaction file. The confidence of a rule will show how representative or how significant a certain rule is. This is an absolute measure. The lift is a relative measure which will enable us to interpret the importance of a rule. It compares the degree of dependence in a rule versus independence between the consequent items and the antecedent items. If the lift is close to 1, this will mean that there is no association between two items or sets. If the lift is greater than 1, there will be a positive association between two items or sets. And finally if the lift is less than 1, there will be a negative association between two items or sets. Discovering meaningful rules from...
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...Exclusionary Rule Evaluation From the Fifth Amendment comes the Exclusionary Rule which affirms that no entities or things may be used and showed in court if taken unlawfully or without appropriate search warrant. Public citizens are well-known with the idea that they have a right to confidentiality, and cannot be investigated devoid of a warrant. Nevertheless, not many people comprehend how the exclusionary rule, which is what truly imposes this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures. This Rule is also intended give a deterrent and remedy, which is short of criminal prosecution in reply to prosecutors and police who unlawfully collect substantiation in infringement of the Fifth Amendment in the Bill of Rights bound to self-incrimination. This rule also assures the right to counsel (Carrie). The exclusionary rule has 3 elements: unlawful act did by an officer or a person who acts as an agent or police, secured evidence, and informal link between the criminal action and the substantiation secured. There are three exceptions to the exclusionary rule. First is the Independent Source Doctrine which was made in 1984 during the Supreme Court case of Segura and Colon v U.S. This exception is where evidence is apprehended in two different substantial ways meaning the first attempt is illegal and the...
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...to determine if an activity is a search within the meaning of the Fourth Amendment? Privacy approach it’s deciding what constitute a search. The government argued there was no search of a person, house, papers, or effects, so the Fourth Amendment did not apply. 2. Please explain the Exclusionary Rule? How does the case of Mapp v. Ohio (1961) relate to the rule? Exclusionary rule is a rule of evidence that excludes evidence from being admitted in criminal trial. This rule relate to the case Mapp v. Ohio for the first time to protect the rights by the Fourth Amendment as the protection of the rights of the citizens of freedom from unreasonable search. 3. How does the plain view doctrine differ from the open fields doctrine? Plan view doctrine...
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...Exclusionary Rule Evaluation Christopher Revels CJA/364 August 1, 2011 University of Phoenix Exclusionary Rule Evaluation When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained...
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...Differentiation Rules (Differential Calculus) 1. Notation The derivative of a function f with respect to one independent variable (usually x or t) is a function that will be denoted by D f . Note that f (x) and (D f )(x) are the values of these functions at x. 2. Alternate Notations for (D f )(x) f (x) d For functions f in one variable, x, alternate notations are: Dx f (x), dx f (x), d dx , d f (x), f (x), f (1) (x). The dx “(x)” part might be dropped although technically this changes the meaning: f is the name of a function, dy whereas f (x) is the value of it at x. If y = f (x), then Dx y, dx , y , etc. can be used. If the variable t represents time then Dt f can be written f˙. The differential, “d f ”, and the change in f , “∆ f ”, are related to the derivative but have special meanings and are never used to indicate ordinary differentiation. dy Historical note: Newton used y, while Leibniz used dx . About a century later Lagrange introduced y and ˙ Arbogast introduced the operator notation D. 3. Domains The domain of D f is always a subset of the domain of f . The conventional domain of f , if f (x) is given by an algebraic expression, is all values of x for which the expression is defined and results in a real number. If f has the conventional domain, then D f usually, but not always, has conventional domain. Exceptions are noted below. 4. Operating Principle Many functions are formed by successively combining simple functions, using constructions such as sum...
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...“The Rule of Saint Benedict” The spirit of St. Benedict's Rule is summed up in the motto of the Benedictine Confederation: pax ("peace") and the traditional ora et labora ("pray and work"). According to St. Benedict, these rules are guide for Christians who are committed in the monastic movement but it shouldn’t be viewed as an exclusively legal code though it includes prescriptions for living in a monastery. The Rule actually contains a treasure of spiritual wisdom concerning the monastic movement in the Church. If we practice these rule everyday of our lives then we are most likely living the way God wants us to by then we shall receive the Lord’s promise of eternal life. In the Rule's prologue, Benedict said he intended to prescribe "nothing harsh, nothing burdensome" for his followers. His approach to seeking God was both sensible and humane. For Benedict, a spiritual pathway was not one to be littered with weird and unusual practices; rather, all that is needed is to be faithful to finding God in the ordinary circumstances of daily life. How to prepare oneself for this simple-but not necessarily easy-way of life is the substance of the Rule. Benedict envisioned a balanced life of prayer and work as the ideal. Monastics would spend time in prayer so as to discover why they're working, and would spend time in work so that good order and harmony would prevail in the monastery. Benedictines should not be consumed by work, nor should they spend so much time in prayer...
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...Donald Dripps proposes a hybrid solution called the Contingent Exclusionary Rule to the overly debated topic of the Exclusionary Rule. “The contingent exclusionary rule incorporates some of the strong points of both exclusion and damages” (Dripps, 2001). The Contingent Exclusionary Rule adds a high monetary damages sanction to unintentional law enforcement failures in order to create deterrence. “The idea is that police officer are motivated to conduct proper searches because if they do not, any evidence they find will be excluded at trial” (Bilz, 2012). As budgets are tight within all levels of the government, placing expensive monetary sanctions would push law enforcement agencies to minimize their liabilities during criminal investigations....
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