Unlawful search and seizure is a serious offence, committed by investigators and regardless of the value of the evidence recovered there is no clear acceptance of the principle as a tactic in a "fair" proceeding. This is why in fact the police are separate from the prosecution in any case, to ensure that both are not somehow responsible for actions that can violate the rights of the defendant.
Many people have argued against the exclusionary rule, as it frequently results in overturned or unattained convictions of presumably guilty parties and is said…… [Read More]. Criminal Justice - Policing Criminal. To the extent that crime is a function of larger social issues, it is unrealistic to expect those underlying social problems to be rectified by law enforcement efforts.
Even with respect to specific incidence of criminal behavior, law enforcement authorities must address two competing interests that fall within the purview and responsibility of law enforcement. Specifically, poverty, unwanted pregnancy, lack of educational and vocational opportunities, and perceived social "disenfranchisement" within communities contribute heavily to crime in those areas but none of those social factors are capable of being redressed directly by law enforcement authorities.
Likewise, even within the realm of law enforcement responsibilities, emphasis on quality-of-life-oriented policing and crime prevention-oriented policing conflict with the goal of preventing crime in light of empirical evidence and anecdotal experience demonstrating that efforts directed at the former do not necessarily achieve the goals of the latter appreciably.
In that regard, directed police patrols and…… [Read More].
Free Essays on The Exclusionary Rule
Rights of Individuals. Protecting Liberty Individual rights Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights.
One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment LII, A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search.
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In addition, the focus…… [Read More]. Law Enforcement - Dubious Value. Moreover, the risks posed by felons with known propensities or stated intentions to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
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Stated very simply, a startled…… [Read More]. Fourth Amendment it Is a Traditional Belief. Fourth Amendment It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain.
In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial.
This is the situation…… [Read More]. Role of Civil Sanctions in. If police officers are not sufficiently deterred by the prospect of evidence being suppressed at a hearing where a person's liberty is in jeopardy, it is a fortiori that they will not be deterred by the possibility of suppression at a civil forfeiture hearing where only the person's property is in jeopardy. Law enforcement officials have much to gain in the outcome of the issues raised in Scott, and will likely bring challenges to the exclusionary rule in civil forfeiture.
While the court's trend is moving away from applying the exclusionary rule in civil contexts, law enforcement agencies are increasingly relying on civil tools to attack crime. At the forefront of this movement is the use of civil forfeiture to seize the fruits and instrumentalities of the narcotics trade.
Civil forfeiture statutes allow law enforcement officers to seize privately held assets that have been used in a crime, a practice…… [Read More]. Terry vs Ohio Police Officer. The officer stopped and searched the three men, and recovered arms from two of them. Terry was found guilty of having covered arms and was send to prison for three years. Is the investigation and confiscation of Terry and other men against the Fourth Amendment? The Court in an 8-to-1 decision held that the investigation done by the officer was sensible under the Fourth Amendments and that the arms captured can be presented as a proof against Terry.
The Court found that the officer performed based on his intuition and that a sensibly cautious man would have been reasonable in thinking that Terry was having weapons and thus pose a risk to the officer's safety while he was searching. The Court found out that the investigation done was in a restricted level and was intended to safe guard the officer's security during the search. Terry v. Ohio: www.
Federal Grand Jury. Constitution provides that charges for all capital and "infamous" crimes be brought through an indictment by a grand jury. Although the founding fathers had envisaged the primary function of the federal grand jury as protection of the citizens against tyranny by the government, its protective role has eroded over the years -- making its current function in the criminal system highly controversial.
This paper outlines the basic duties of a federal grand jury and discusses some of the controversial issues facing it. Basic Duties The provision of the Fifth Amendment regarding grand juries has been interpreted to mean that an indictment by a federal grand jury is required for charging federal felonies. The Supreme Court has held that this part of the Fifth Amendment is not binding on the States; hence the use of grand juries is not binding on the…… [Read More].
Security Department Policy. Many states, such as Virginia, are training private security officers in order to ensure smooth cooperation and coordination between security companies without police powers and the police and sheriff's departments. In Washington D.
Cooperation can reach significant proportions, as in the case of the Minneapolis Police Department's "SafeZone" program, which place private security officers downtown who now outnumber Minneapolis Police Department officers there 13 to 1. There is a truly broad range of industries and organizations which use special police officers.
These organizations tend to have significant financial resources, large premises, and sensitive security needs which they believe cannot be met by the existing public police force.
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These often involve the need…… [Read More]. Fifth Amendment Miranda Issues the. The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder Dershowitz, ; Zalman, Search and Seizure and Unlawful Arrest Issues: The fact pattern does not make clear whether or not the police actually conducted a search of Fred's home or were merely "bluffing" to induce cooperation from Fred.
Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home.
Provided Fred still reasonably believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda and related doctrine and principles. However, the police did seize Fred's vehicle, which was an impermissible…… [Read More].
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Manson v Brathwaite the Government Prosecuted Respondent. Manson v.
Brathwaite, the government prosecuted respondent and he was convicted of possession and sale of heroin. The United States Court of Appeals for the Second Circuit reversed the dismissal of respondent's petition for habeas corpus relief, with orders to issue the writ unless the government gave notice to retry respondent and the new trial took place within a reasonable time.
The government sought certiorari review. Respondent, on a claim for habeas relief, proposed a per se rule of barring that he claimed was dictated by the demands of the Fourteenth Amendment's guarantee of due process. The Court used the entirety of the conditions test and concluded that the criteria appropriate in determining the acceptability of evidence offered by the prosecution in relation to identification were suitably met and complied with in respondent's case. The Court reasoned that the factors that had to be measured included the occasion of the…… [Read More].
Analyzing the Forth Amendment. Like most fields in U. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens 4th Amendment - constitution -- Laws. Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV…… [Read More].source site
Exclusionary Rule: How, When, and Why Was it Established?
Fourth Amendment. Fourth Amendment by the United States Supreme Court has sometimes been characterized by several controversies. One of the controversies associated with Supreme Court's interpretation of the Fourth Amendment is the belief that it's a demonstration of the challenges in determining a fair balance.
As a result of this interpretation, a public-order advocate may argue that the exclusionary rule has restricted the capabilities of law enforcement officers to effectively safeguard the community. In contrast, an individual-rights advocate may claim that the changes have contributed to positive police reforms, which necessitates the expansion of such rights. Therefore, the exclusionary rule continues to generate various debates regarding its impact and relevance in the modern society. Generally, the exclusionary rule is a right to be free from the Fourth Amendment's unreasonable searches and seizures, which in turn provides a dilemma for the society.
Free The Exclusionary Rule Essay Sample
For some people, this rule gives every individual the right to…… [Read More]. Criminal Justice Perjury in Policing. Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" of the nature described in Hudson would not trigger the exclusionary rule Schott, Ultimately, as constitutional criminal procedure developed since Mapp, a balance arose between the need to safeguard the constitutional rights of the accused with the need to preserve the admissibility of evidence when violations associated with its procurement do not rise to the level necessitating its exclusion.
More than any other factor, this balance also allowed police the appropriate freedom to perform their assigned function of preventing crime, apprehending criminal suspects, and collecting evidence without having to compromise their ethics and violate their sworn oaths to do so effectively. Accessed…… [Read More]. Unlike other areas of the law, the study of criminal procedure has undergone major transformations as a result of the decisions of the last three courts, the Warren, Burger and ehnquist courts.