Proposals for reform of the exclusionary rule in relation to unconstitutionally obtained evidence The exclusionary rule is the rule that defines the circumstances in which a court will exclude evidence on the grounds that it has been obtained in violation of the accused’s constitutional rights. Traditionally the common law did not have an exclusionary rule. The court allowed evidence to be admitted that had been obtained through the use of illegal means‚ for example‚ searching a dwelling without
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Title: Mapp v. Ohio Legal Citation: 367 U.S. 643‚ 81 S.Ct. 1680‚ 6 L.ED.2d. 1081 (1961( Procedural History: Mapp petition for a writ of Certiorari to the Supreme Court for the appreal from the Supreme Court of Ohio. Statement of key Issues: 1) was the search of Mapps home a violation of the fourth amendment? 2) Was the evidence used against Mapps in court illegal? Facts: On May 23‚ 1957‚ three Cleveland police officers arrived at Mapps Home to ask them questions pertaining to someone
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retrospective nature of an amendment. The mischief rule‚ the oldest of the rules of interpretation‚ reflects a balance of the legislative and judicial powers which some consider renders it inapplicable today. It presumes a legal system in which legislative intervention in the common law is an exceptional occurrence‚ used only to address a "mischief" or "defect" in the common law. Though it may be expressed in outdated terms‚ however‚ the rule bears similarities to the purposive and schematic approaches
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2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter dictum 4. The rules of precedent 5. What is necessary to make precedent work? e. law reports f. a hierarchy of courts 6. Things to look for when studying a case g. the material facts h.
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structure of the compound. (5 pts) 3. Which of the following elements is most likely to form a molecule or ion that exceeds the octet rule? (5 pts) A. Na B. S C. B D. F E. C 4. For the singly bonded Lewis dot structure for BF3. Which of the following statements best describes this structure? Show the structure. (5 pts) A. It obeys the octet rule on all atoms. B. It has less than an octet on at least one atom. C. It has a lone pair of
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Australian Rules A comparative review by Anita Jetnikoff (QUT) for Australian Screen Education. Published as: Jetnikoff‚ Anita (2003) Australian Rules: a comparative review. Australian Screen Education(30):36-38. The title may mislead some viewers‚ as this is not a film about a football code‚ anymore than Bend it with Beckham is about soccer. This powerful‚ brave and rather brutal feature is the debut of Paul Goldman‚ who co-wrote the screenplay with the novelist Phillip Gwynne. Both the storylines
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Mapp v. Ohio‚ 367 U.S. 1081‚ 81 S. Ct. 1684‚ 6 L. Ed. 2d 1081 (1961) Facts: On May 23rd‚ 1957‚ three Cleveland police officers arrived at the home of Mrs. Mapp with information that ‘a person was hiding out in the home‚ who was wanted for questioning in connection with a recent bombing‚ and that there was a large amount of policy paraphernalia being hidden in the home’. Mrs. Mapp and her daughter lived on the top floor of the two-family dwelling. Upon their arrival at that house‚ the officers
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paperwork of CJA 364 Week 3 Discussion Question 1 includes: In your own words‚ what is Law - General Law CJA 364 Week 1 Individual Assignment Criminal Procedure Policy Paper CJA 364 Week 2 Individual Assignment Exclusionary Rule Evaluation CJA 364 Week 2 Learning Team Assignment Fourth Amendment Summary CJA 364 Week 3 Individual Assignment Criminal Procedure-Probable Cause Article Summary CJA 364 Week 3 Learning Team Assignment Search and Seizure Paper
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Weeks vs United States By: Daven Baker Historic Background the U.S. Supreme Court used the common law rule and permitted States and federal courts to admit evidence gained by an illegal search to convict an accused offender Common law – judges decided whether evidence that had little to do with a case could be admitted Fremont Weeks was arrested at his business‚ where officers searched the site without a warrant Evidence collected from the illegal search was used to convict Weeks of transporting
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Examples 1.) Find the derivative of g(x) = 4 sec t + tan t We use the derivatives of sec and tan: g (x) = 4 sec t tan t + sec2 t 2.) Find the derivative of 1 + sin x x + cos x Since y is the quotient of two functions we first use the quotient rule: y= y = (1 + sin x) (x + cos x) − (1 + sin x)(x + cos x) (x + cos x)2 Evaluating the derivatives we get: y = (cos x)(x + cos x) − (1 + sin x)(1 − sin x) (x + cos x)2 Simplifying the numerator: y = (x cos x + cos2 x) − (1 −
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