Exclusionary College Essays Samples For Students

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

The “exclusionary rule” is one of the most important elements of United States criminal procedure law, but it is not found in the Constitution. Indeed, the exclusionary rule is a court created procedure that allows a judge to declare inadmissible any testimony or evidence presented at trial that was result of or otherwise obtained in violation of the Bill of Rights’ Fourth, Fifth, or Sixth Amendments. In other words, while the basis of the exclusionary rule is the Constitution, it is not a constitutional right. Rather the exclusionary rule was created as a means for the court to prevent ...

The topic on exclusionary rule has generated an immense debate, pitting two sides; those supporting its ban and those opposed to its ban. Nevertheless, there are different reasons that justify the need to uphold this rule. Above all, the exclusionary rule should not be abolished because it gives the courts powers to ban the bringing in of evidence obtained illegally. Precisely, this rule limits introduction of incriminating or non-incriminatory evidence acquired using fraudulent methods. Therefore, the existence if the exclusionary rule ensures that ethics are upheld in the courts and the criminal justice system at large. Speaking of fraudulent ...

Law

The Fourth Amendment guarantees the right of every person to be free from unreasonable searches and seizures, but it does not specifically provide a remedy in the event that a constitutional violation shall take place. According to Samaha (2011), no person shall have a constitutional right in exclusionary rule or defense of entrapment. The judge established a doctrine called the “exclusionary rule” which provides that any evidence that was obtained during the search or seizure that violated the defendant’s constitutional rights shall not be allowed to be introduced by the prosecution for purpose of presenting as evidence to prove the guilt ...

1. Explain in detail the Exclusionary Rule.
The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

Philip V. Moore

The exclusionary rule, which forbids the use of illegal obtained evidence in trial, has always been a controversial element of the American criminal justice system. Although it is not considered an individual right, the Supreme Court has held that it is a useful tool to deter against the violation of a person’s constitutional rights.
In fact, one of the fundamental reasons that the Supreme Court, in Mapp v. Ohio, made for the use of the exclusionary rule was the benefit they saw in deterring police from violating the Fourth Amendments rights of the people against unreasonable searches and seizure. Under ...

United States v. Leon 468 U.S. 897 (1984)
In August 1981, Burbank police received information from a confidential informant about the drug activity of two suspects. Based on that information, the police initiated an extensive surveillance of the residence and persons mentioned by the informant as being involved. Police surveillance revealed a number of others persons, most with criminal records, entering and leaving the surveilled residence with “packages” of varying sizes. A police learned that one of the persons seen at the residence had listed an Alberto Leon as his employer. A check of Leon’s record revealed that he ...

The Fourth Amendment protects citizens from unlawful search and seizure of property without a warrant. The aim of the amendment is to make sure that the law enforcement agencies do not overstep their mandate when executing their duties. Additionally, the amendment is meant to ensure that the citizens’ right to privacy is protected. The Mapp v. Ohio case brought out some fundamental facts regarding the Fourth Amendment. The Supreme Court ruled that the law enforcement officers breached the Exclusionary Act, which is contrary to the spirit of the U.S Constitution. The evidence used against Mapp was obtained illegally; therefore, ...

1. Discuss the movie, Eyes on the Prize. What does segregation say about a community’s values? How does living in a segregated society shape the way people think about themselves and about members of other ethnic or racial groups?

Eyes on the Prize is a film that provides a reflection of the issues, tactics, and sacrifices of the people during the Civil War years. The movie reveals the ferocity of racism and the underlying power of popular democracy. Segregation is the ugly face of a community that promotes violence. Living in a segregated society makes people develop fear and hatred that ultimately cause ...

Argued December 2, 3. 1913

Decided February 24, 1914

An indictment was made on the defendant Fremont Weeks for using the postal mail for the transportation of lottery tickets, which was a criminal code violation. The police arrested him at his place of work and in arresting him; they conducted a warrantless search on his office and found evidence of the usage of the mail for the transport of lottery tickets. The police later went to Week’s home and entered illegally using a key whose hiding place was directed to them by a neighbor. The police later went on to search the defendant’s premises without an ...

Abstract

This article will examine the validity of arrests made by police officers upon appeal of the defendants claiming that their 4th and 5th amendment rights have been violated by the police officers. This paper will present to cases decided by the US Supreme Court that will explain if the arrests made by the police officers were valid and the issues raised by the defendants in accordance to the rights under the 4th and 5th amendment. There will be a discussion on whether the ruling of the Supreme Court was justifiable. There will also a brief discussion on the exceptions ...

The paper highlights six prominent cases of their time and causes of seizure and warrant of these cases. The facts involved in cases and courts ruling in making decisions are explained in the paper. It focuses on Mapp v. Ohio, Terry v. Ohio, Tennessee v. Garner, Carroll v. U.S., Graham v.
Connor, and U.S. v Leon. According to the 4th amendment of the U.S. Constitution, people have the right to feel secure in their homes and without proper court consent police should not be allowed to breach their personal property. Furthermore, a search warrant is to be issued by ...

Introduction

Criminal law and even general law enforcement have several rules and regulations that are implemented in order to procure a more stable and relatively just and safe environment for the people of a country. The Constitution allows several statutes which determine how criminals and deviants are supposed to be treated. This is important so that their treatment and procedure of treatment serve as a deterrent for the rest of the people, and they are able to understand how truthfully justice has been served. There are several domains of this procedure as described in criminal law and comes under search ...

The US Constitution is the supreme law that governs the United States of America. The law created a national government and primary laws, and also established specific basic human rights for the citizens. The constitution contains seven Articles and 27 Amendments. The constitution has been in existence for more than 200 years and in the process, it has undergone important ramifications to make it better (The United States Court, 2014). The paper will discuss the 4th, 5th and 6th Amendments of the US Constitution, and how they apply in adult and juvenile court proceedings.
The Fourth Amendment prohibits the ...

Introduction

Every US citizen has a right not to have their privacy unreasonably intruded into according to the Fourth Amendment to the US Constitution. Moreover, under this Amendment, search warrants shall not be issued to law enforcement officers unless there is probable cause that particularly describes the specific place that the police needs to search or the things subject to seizure. In the state of Florida, for example, the requirements of a search warrant are provided under Chapter 933 and include the existence of probable cause, search for only the property specified in the warrant, supported by an affirmation or ...

Introduction

This paper is to deal with one of main issue of post-WW2 world, namely the phenomenon of civil war. The analysis of this paper is devoted to such questions as the reasons for certain civil wars as well as concrete instances of such internal conflicts. Also, the paper is to discuss the major theoretical contributions and controversies related to the civil war research program: firstly, civil wars are defined conceptually, and then, operationally.
Second, major theories relating to the issue of causes of civil wars and their results will be discussed, along with future directions and policy implications. The ...

Chafouleas, S. M., Sanetti, L. M. H., Jaffery, R., & Fallon, L. M. (2012). An evaluation of a classwide intervention package involving self-management and a group contingency on classroom behavior of middle school students. Journal of Behavioral Education, 21(1), 34-57.

In this article, the authors, researchers from the University of Connecticut, implement an intervention package in a sample of middle school students and study its effectiveness. Contained within this intervention package were best practice strategies meant to foster self-management and group contingency in middle school students, and were measured by the Direct Behavior Rating and external observation. According to the ...

The states’ rights debate is one of the oldest debates in American history. From the inception of the nation, there were debates over how much power the federal government should have over the states of the union; indeed, the Articles of Confederation, the forerunner to the Constitution, gave much less power to the federal government (Johnson, 2010). The Constitution grants much more power to the federal government, but the fear of a large central government still lingers; the Tenth Amendment to the Bill of Rights grants rights to the States of the Union that have been the subject of court ...

Some movies are meant to be taken lightly, while some others pretend to be as monumental and deep as to stay in spectators’ memory for many years to come. Among the latter bunch, there are only a rare few films that live up to this expectation. My Name is Khan, a 2010 Bollywood production directed by Karan Johar, is definitely one the cinematographic masterpieces that, to a some degree, transforms its audience’s interpretation and evaluation of “the otherness” in our own society and illuminates the phobic aspects of the U.S. political reality in the aftermath of 9/11, as well as brings ...