Should the exclusionary rule be abolished? My answer to that is no. The exclusionary rule is one of the fundamental ways the rights of the all people are protected. Mainly the rule is to protect you from police power. If the exclusionary rule was abolished you will more than likely see police brutality on the rise. Officer’s‚ Detectives‚ etc will cut corners and otherwise ignore the basic rights of the people they serve. If the rule was abolished we will see sometimes innocent people put in
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The Exclusionary Rule was put in place to prevent the government from using evidence that was gathered illegally in violation of the United States Constitution. Evidence that was obtained from an unreasonable search and seizure that violates the Fourth Amendment or Fifth Amendment are found admissible in court under the Exclusionary Rule‚ if no exceptions apply. The establishment of the Exclusionary Rule was due to the rulings of several Supreme Court cases where it was found unconstitutional for
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THE E-MAILS ARE ADMISSABLE IN ORDER TO HELP ESTABLISH WHETHER SUMMER AND RYAN WERE DATING. The Federal Rules of Evidence provides: "Hearsay is a statement‚ other than one made by the declarant while testifying at the trial or hearing‚ offered in evidence to prove the truth of the matter asserted." Fed. R. Evid. 801(c). Although hearsay is inadmissible at trial‚ an exception to the hearsay rule applies when the declaration is material to the issues under trial and is that of "intention‚ feelings
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Ashley Polston ACP Comp P3 November 18‚ 2014 Justified or Not In the film Cider House Rules‚ rule breaking and deceit are somewhat justifiable acts that the characters use out of selfishness. Homer Wells is an orphan that grew up in an orphanage in Maine in the 1940s. The orphanage was directed by a man named Dr. Wilbur Larch. As Wells grew‚ Larch took the initiative to take him under his wing and teach him to be an unlicensed‚ skilled doctor. One ordinary day‚ Candy Kendall and Wally Worthington
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an important rule called the parol evidence rule exists. This rule states that if the contract is entirely in writing‚ no other evidence which would add to‚ alter or contradict the contract is accepted. This essay will deal with analyzing the application of parol evidence rule and whether Australian courts should or should not provide remedies for breach of contract where the promise concerned was not included in the written contract. The rationale of the parol evidence rule is that the existence
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Parol evidence rule The parol evidence rule enacts a principle of the common law of contracts that presumes that a written contract embodies the complete agreement between the parties involved. The rule therefore generally forbids the introduction of extrinsic evidence (i.e.‚ evidence of communications between the parties which is not contained in the language of the contract itself) which would change the terms of a later written contract. In order for the rule to be effective‚ the contract in
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Literal Rule The literal rule is the primary rule which takes precedence over the others. Words and phrases should be construed by the courts in their ordinary sense‚ and the ordinary rules of grammar and punctuation should be applied. If‚ applying this rule‚ a clear meaning appears‚ then this must be applied‚ and the courts will not inquire whether what the statute says represents the intention of the legislature: ‘The intention of Parliament is not to be judged by what is in its mind‚ but
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The Exclusionary Rule and Civil Liability Mark McCormick Kaplan University CJ-299 Professor Donna Yohman August 30‚ 2014 In 1914‚ Weeks v. United States was decided by the Supreme Court. In Weeks‚ the Court made a landmark decision relating to illegal search and seizure by law enforcement called the Exclusionary Rule. The Exclusionary Rule provided that evidence “illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable
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The exclusionary rule is for prohibiting illegal evidence in court‚ this can be a deciding factor in most cases. An example of this is‚ they can’t fake‚ or plant evidence.They have to have solid concrete evidence.This rule is part of the fourth amendment‚ which a lot of people take seriously‚ these are rights given to all Americans. I agree with this because‚ everything needs to be done in a proper manner. If the evidence leaves the chain of custody or is collected in an unlawful manner this can
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Exclusionary Rule Evaluation The purpose of the exclusionary rule is to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. It is also a right to be free from unreasonable searches and seizures by the Fourth Amendment. Some exceptions of the exclusionary rule is barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. Some other exceptions to the exclusionary rule are: (1) a second‚ unpoisoned/untainted source had a major rule in
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