Preview

2.2 Explain The Exclusionary Rule

Good Essays
Open Document
Open Document
725 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
2.2 Explain The Exclusionary Rule
Discussion Questions
Answer the following in complete sentences.
1. Explain the exclusionary rule and how it applies to civil liberties.
The exclusionary rule is a judicial rule that use of evidence which is obtained in violation of the law is unacceptable. This often refers the rights of courts where they are able to exclude such materials that violated the Fourth Amendment. Since civil liberties are rights that individual has to be against the unjust governmental actions, the government does not have the rights to harm the people when they obtained something that violated each individual’s rights. As a result, when a person is on trial, the things government has obtained illegally will not be against them.
For this to not happen, the police …show more content…
Explain the concept of “due process.”
It is used to guarantee that everyone is under equal treatment and an adequate protection for individual rights. This rule applies to everyone. When the government offends an individual and not follow the laws, it will result in due process violating, offending the laws itself. Due process is a protection for people of all kind, and especially for people who are accused of a crime. It guarantees that the government should not deprive anyone’s life, liberty and property without the justness of the …show more content…
It is a result of the emancipation. In the 14th amendment, it says that everyone who is born or nationalized in the US has equal rights. Today, it has far extended on the rights of people on a bigger scale. It declares and lays the fundamental rights of the people in the US. Under such an amendment, it emphasizes how people should be treated equally.
5. List and explain 5 specific civil liberties granted to Americans suspected or accused of a crime.
1. Miranda warning
a. It is a right, given by the police, for the people to be silence when they are arrested. It is a benefit for them before they are questioned. They have the rights to not say anything and to not self-incriminate.
b. As a result of this, Americans have the right to remain silent, the right to not testify against yourself, and the right for an attorney.
2. Fruit of a poisonous tree.
a. It mainly emphasizes the privacy of an individual. The government has no write to use the evidence which is illegally obtained on an individual. And any extensions to the illegal obtained object is also an object which cannot be used during trails.
3. Writ of habeas
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Difference Between 14th Amendment And Due Process
    • 168 Words
    • 1 Page

    Difference Between 14th Amendment And Due Process

    Due process is a concept that dates back all the way to the early 13th century, when the Magna Carta was signed by King John. Due process of law is the principle that a person cannot be deprived of their right to life, liberty, and property without appropriate legal procedures and safeguards. It is first found in our constitution in the 5th amendment, and then it is once again stated in the 14th amendment. Due process is the only principle that is repeated in the constitution. (The Constitution states only one command twice.) There is little difference between what is said in the 5th and 14th amendment, but the one word that was added has had a monumental impact on our nation. The addition of the word “state” in the 14th amendment means that…

    • 168 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Compare The Three Criminal Justice Models
    • 398 Words
    • 2 Pages

    Compare The Three Criminal Justice Models

    Due process prohibits the government from taking action against an individual that would result in a loss of liberty or property, without first affording that individual notice of the pending action, and an opportunity to be heard. The scope and applicability of these standards, with regard to government action, can range from situations in which the deprivation of life or liberty is severe such as a case in which a defendant is accused of murder…

    • 398 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    Civil Rights and Civil Liberties Vocabulary and Court Case Study Guide
    • 1165 Words
    • 5 Pages

    Civil Rights and Civil Liberties Vocabulary and Court Case Study Guide

    Civil liberties: the legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislature define their meaning.…

    • 1165 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Good Essays

    Difference Between The 13th, 14th And 15 Amendments
    • 782 Words
    • 4 Pages

    Difference Between The 13th, 14th And 15 Amendments

    This equal protection clause prevents states from passing any discriminatory laws or laws that only benefit a certain group of people. The clause also states that no person should be deprived of life, liberty, or property without due process. The first landmark case further defining the 14th amendment is Plessy v. Ferguson. The result of this case upheld the state's rights to provide separate but equal facilities without violating the 14th amendment. Judge Brown clarified in the majority opinion of the Supreme Court "…

    • 782 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Exclusionary Rule Analysis
    • 939 Words
    • 4 Pages

    Exclusionary Rule Analysis

    The Fourth Amendment to the U.S. Constitution states that “[t]he right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (U.S. Const. amend. IV). When the Fourth Amendment rights of citizens are violated, the criminal justice system enforces the exclusionary rule, which seeks to discourage law enforcement officers from using improper or illegal investigative procedures. In Mapp v. Ohio, the U.S. Supreme Court concluded that the exclusionary rule was…

    • 939 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    Exclusionary Rule Research Paper
    • 1081 Words
    • 5 Pages

    Exclusionary Rule Research Paper

    The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. IV) Though the Amendment “forbids unreasonable searches and seizures, it does not provide a mechanism for prevention or a remedy.” (Jackson, 1996) After passage of the Fourth Amendment, courts began to make laws regarding the rule against unreasonable searches and seizures. The courts designed a rule known as the Exclusionary Rule, which provided a remedy for the violation of a suspect’s Fourth Amendment privileges:…

    • 1081 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Good Essays

    Fourth Amendment Pros And Cons
    • 738 Words
    • 3 Pages

    Fourth Amendment Pros And Cons

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,” (Bill of Rights). The Fourth Amendment states that people have the right to not have their persons or homes be searched by the government; however, this is not the case in today’s society. Even with this amendment, the police still refuse to confine to the rights of this amendment. In investigating the justifications of the Fourth Amendment in the Bill of Rights, one can conclude that the evaluations of the history of the Fourth Amendment has changed in modern applications and the effectiveness.…

    • 738 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Exclusionary Rule Vs Fourth Amendment
    • 605 Words
    • 3 Pages

    Exclusionary Rule Vs Fourth Amendment

    The Fourth Amendment to the U.S. Constitution provides for the protection of citizens from unreasonable searches and seizures by the government. Because of this, our legal system requires that a warrant be obtained prior to a search of people or their homes or property. Without this provision, citizens would be subject to invasions of privacy without probable cause. While the idea behind the protection from unreasonable searches and seizures was well-intentioned, in practice it did not immediately live up to its aims. “For more than 100 years after its ratification, the Fourth Amendment was of little value to criminal defendants because evidence seized by law enforcement in violation of the warrant or reasonableness requirements was still…

    • 605 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    What Was The Significance Of The 13 Amendment
    • 678 Words
    • 3 Pages

    What Was The Significance Of The 13 Amendment

    The Fourteenth Amendment of the Constitution is known as one of Reconstruction Amendments, along with the Thirteenth and Fifteenth Amendments. The purpose of these amendments was to provide equal protection to former slaves. Previous to this amendment, the state governments didn’t have to respect the Bill of Rights and give all citizens the rights stated in it. Consequently, the newly freed slaves were not given the privileges and immunities of citizenship. Therefore, one of the most important parts of the Fourteenth Amendment is that it gave Congress power to enforce and apply the Bill of Rights to the state governments.…

    • 678 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Exclusionary Rule
    • 355 Words
    • 2 Pages

    Exclusionary Rule

    The Exclusionary Rule was designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable search and seizures by law enforcement personnel. If the search of a criminal suspect is searched unreasonable, the evidence obtained in the search will be excluded from trial.…

    • 355 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Exclusionary Rule
    • 637 Words
    • 3 Pages

    Exclusionary Rule

    In a landmark supreme court case, called the united states versus weeks, the supreme courts created a rule to our criminal procedure called the exclusionary rule. What the exclusionary rule means is that if the police obtain evidence against you in violation of your constitutional rights, they cannot use that evidence against you to prove your guilt or innocence at a trial. An example of this would be police searching your home without a search warrant. If they found illegal item in your home during that search, they could not be used against you at trial. Now the important thing to remember about the exclusionary rule, however, is that it does not mean you are automatically free to go. It only means that that particular piece of evidence is…

    • 637 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Exclusionary Rule
    • 624 Words
    • 2 Pages

    Exclusionary Rule

    The Fourth amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. The interpretation and execution of the Fourth amendment in the courtroom however, is decided by the Supreme Court in an attempt to find a fair balance between individual and community interests. The exclusionary rule for example, is a Supreme Court precedent that holds police departments responsible for seizing incriminating information according to constitutional specifications of due process, or the information will not be allowed as evidence in a criminal trial. The question that arises in turn, is whether the exclusionary rule has handcuffed the abilities to effectively protect the community by the police, or if it has actually resulted in a positive police reform which needs to be expanded upon.…

    • 624 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    Essay On Fourth Amendment Violation
    • 1584 Words
    • 7 Pages

    Essay On Fourth Amendment Violation

    The understanding of the Fourth Amendment in the U.S. Constitution and its relevance for searches and seizures is critical for any investigator, and it strikes a balance between individual liberties and the rights of society. Most importantly, the limitation on any search is that the scope must be narrow, if a search is not conducted legally, the evidence obtained is worthless. As a matter of fact, the exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case.…

    • 1584 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Summary of the Article Iii of the 1987 Constitution of the Republic of the Philippines Bill of Rights
    • 2333 Words
    • 10 Pages

    Summary of the Article Iii of the 1987 Constitution of the Republic of the Philippines Bill of Rights

    - human rights and protection to their property and themselves against the search warrant without evidence against them except to prove that when probable cause to determine personally the judge after examination under oath or affirmation the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be taken.…

    • 2333 Words
    • 10 Pages
    Good Essays
    Read More
  • Good Essays

    Phil. Consti. Art. 3
    • 2670 Words
    • 11 Pages

    Phil. Consti. Art. 3

    * Right against unreasonable searches and seizures – it is the guarantee that protects the privacy and the sanctity of the person and of his house and other possessions (papers, documents, etc.) found therein against arbitrary intrusions by agents of the state.…

    • 2670 Words
    • 11 Pages
    Good Essays
    Read More

Related Topics