Essays on Exclusionary

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 ...

The exclusionary rule holds that, when the police violate a suspect’s constitutional rights, that suspect has the option of requesting a court to “exclude” or declare inadmissible any evidence that was obtained as a result of the constitutional violation. The exclusionary rule is not a constitutional right but rather a judicial tool established by the Supreme Court in 1914, as a means of deterring police officers and law enforcement officials from violating the Constitution when arresting suspects and conducting criminal investigation (Weeks v. United States, 1914). Up until 1961, the exclusionary rule was only available to defendants in ...

Management: Managing Diversity and Equal Opportunities

Part 1 There has been the rise in the number of the financial crisis as well as poor corporate governance problems that have prompted the question as to whether having a corporate world run by women would yield fruitful results. Amid the multiple opinions on the topic of the glass ceiling, some people still contest the advantages of workplace diversity and equality. There has been the long pressing issue of the equality of the treatment of women in a similar manner/ equal to men, in the labor market (Gregory‐Smith, Ian, Main, & O'Reilly 109). According to Adams and Funk ( ...

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 Bill of Rights and the Declaration of Rights of Man and Citizens, both published in 1791, were important documents in the history of the world that greatly influenced the 1984 United Nations Universal Declaration of Human Rights. Both these articles provided the foundation for the United States Constitution, as well as the creation of the first republic government of France. Guided by the spirit and philosophical ideology of liberalism surrounding the aftermath of the French Revolution, both documents endeavored to create and establish an ideal liberal democratic government in both United States and France However, the French revolution ...

Abstract

The criminal justice system in the United States provides Constitutional guarantees for all who are subject to the laws of the land. The three most controversial aspects of this system today are Search and Seizure, arrest, and interrogations. While these three aspects are the foundation of police action throughout the nation, there are several unresolved problems in how each of these processes is in use today. The presence of the law is not always the same as upholding it. The cases which made the case for the citizens are moving into obscurity with modern variations of the problems making ...

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 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 ...

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, ...

Introduction

The first antitrust law was formed by the Congress in the year 1890. It was referred to as Sherman Act, and its aim was to ensure that there was economic liberty, by ensuring that the competition in the trade was fair. Later, the Congress passed other two antitrust laws in the year 1914, and these additional laws contained some revision to the first antitrust law. Those laws were the Clayton Law and the Federal Trade Commission Act. The court applies the antitrust law to prevent illegal business practices and unlawful mergers. The main objective of the antitrust law is ...

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 ...

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 ...

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 ...

Power is a concept that has been historically quite difficult to define. The reason for this is that power is a notion that is very complex. Power is something that can both define and crush political regimes all over the globe. Many scholars have tried to define power and have been unsuccessful. While Dahl has one of the best definitions of power available on the market, there is a superior definition that was ascertained by John Gaventa. John Gaventa is a well established political scholar in the field and has a great deal of clout due to his book ...

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 ...

Introduction

Before this case of Mapp v. Ohio, it was inadmissible in a federal court of law to use evidence that had been obtained in violation of the 4th amendment, if federal officers had obtained that information. On the other hand, in a state court, law enforcement officers – whether federal or state - could take evidence seized in violation of the amendment and present it to the state courts. As a result, someone could be prosecuted criminally in state courts based on evidence acquired in breach of the 4th amendment. Mapp v. Ohio is a benchmark case that led to ...

In the past years Abercrombie & Fitch relied on the exclusionary marketing policies. The company received very positive image by selling high quality clothes that only the good looking people could buy. However, now there are complaints about the exclusion of plus-size people and the company has to decide to follow its principles or to be more inclusive. Abercrombie & Fitch was established at the end of the XIX century and used to sell clothes and equipment for hunters and fishermen. Starting from 1988 the company focuses only on the apparel and its key customers are young people. In 1992 Michael ...

A&F has been heavily criticized by the public for the exclusionary policies applied to the market segmentation and employee relations. As the result, the company’s reputation was damaged and sales were down by 10% in 2013. The exclusionary marketing tactics have been applied by A&F since 1992 when Michael Jeffries became CEO of the company. Under his management, A&F established a segmented target market with the target audience of young and good-looking customers who would like to pay a lot of money for higher quality clothes. At the same time, the company is not interested in selling clothes ...

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 ...

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 ‘exclusionary rule’ is a rule based on the Fourth Amendment of the United States Constitution which prohibits unlawful search and seizure. The exclusionary rule mandates that evidence seized in violation of the terms of the Fourth Amendment is not admissible in court and should be excluded at trial; it is an attempt to deter police misconduct and prevent them from usurping the constitutional rights of citizens. It is a rule which was originally expressed in Week v. United States, 232 U.S. 383 (1914); in 1961 the Supreme Court made the exclusionary rule applicable to the states in the case ...

The best evidence rule is codified in the Federal Rules of Evidence. Rule 1002 provides that, unless otherwise provided by the federal statutes, an original recording is required in order to prove its contents. At the same time, Rule 1003 states that the duplicate of the original recording is equally admissible unless there are genuine doubts as to the authenticity of the original piece of evidence. Rule 1004 allows not to require the original evidence if it is impossible to obtain the original by any available judicial process. The court may also admit the summary of the original evidence, ...

The exclusionary rule was established by the Supreme Court in the holding in Weeks. United States. It was intended to reinforce the Constitutional Forth Amendment provision that guaranteed privacy rights. Its principle is to the effect that violation of procedural safeguards excluded evidence so gathered from the trial process.

However, the rule is not cast on stone and should be applied with exception, case in point the good faith exception. It is my contention that in the case of United States vs. Leon, the majority had a stronger argument. Reading the holding one appreciates the wisdom in the judgement delivered ...

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 ...

Claim

My position as per the application of FISA and the Fourth Amendment is that the FISA violates the fourth amendment requirement. This is in line with the fact that the Fourth Amendment Act operates on the basis of the exclusionary rule and revolves around the search and seizure whereas the FISA is seen to violate the exclusionary rule.

Background

The Fourth Amendment Act was put in place following the dissenting argument at the time of arrest by the police officers. This is pegged on the basis that the exclusionary rule which is applied where admissibility of the unlawfully acquired evidence ...

Article Summary

The article sheds light on how large corporations such as Enron and WorldCom have been involved in malpractices related to the way these corporations were run. Both Enron and WorldCom were guilty of ignoring the demands of the stakeholders. Therefore, there is a strong need for major changes in the way such corporations are run, and for environmental and social factors to be kept in mind. One way of pleasing all parties is through a process called Socially Responsible Investing or SRI. SRI does not mean that businesses ignore the financial side of things and safeguard social and environmental factors at the ...

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 ...

Brief of Mapp v. Ohio (1961)

Decided Decided June 19, 1961 Character of Action The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals ...

EEOC v. Watkins Motor Line Inc.,

Introduction

The nexus between human resource management and the law lies in the fact that employers and employees must observe the law. In addition, the law steps in to protect the rights of the employees who invariably are the weaker parties in the employment relationship. In this paper, consideration is placed on the application of the Americans with Disabilities Act. The case essentially turns on the interpretation of the anti-discrimination provisions under the Americans with Disabilities Act. It involves a worker, who previously served as a driver or dockworker. During his employment, he served under ...

Exclusionary rule was premeditated to deter the misconduct of the police. Therefore, the exclusionary rule was a rule setup to facilitate the courts to exclude the introduction of incriminating evidence during the trial upon the proof that the evidence was obtained in breach of the constitutional provisions. This rule allows the defendants to defy the acceptability of evidence by establishing a pre-trial motion to overturn the evidence. If the court accepts the evidence to be brought in during the trial and the jury accepts to convict, the defendant has the option of challenging the decorum of the decision made by the ...

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 ...

Terry v Ohio

The highly charged debates triggered by the decision of the United States Supreme Court in Terry vs. Ohio is just as far reaching as the impacts of the decision in the maturation of the doctrines associated with the interpretation of the Fourth Amendment. Terry is also one of the most castigated decisions involving the Fourth Amendment in the contemporary era of the United States Supreme Court and the development and incorporation of the exclusionary process. There is no doubt that the decision of the High Court in Terry acknowledged the factor of race in the justification of the “ ...

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 ...

Question one: Procedural stages of a civil case

In the United States of America, the Constitution does not donate civil suits to the Federal Government. Under the doctrine of residual powers, it is the states that have the authority and mandate over civil cases. It is on that premise that civil procedure in the United States may be different from state to state. However, there has been a general approach applied by all the fifty states. In this section, the paper shall discuss the procedural stages in a civil suit. A civil suit begins formally with the institution of the suit. Often, the suit can only be instituted ...

The controversial New York State Police Department; Stop and Frisk Policy is arguably facing its exit especially after the latest ruling in the case of Floyd et al v City of New York et al. However, before it is legally repudiated probably by the incoming Democrat Mayor, who enjoys colossal support amid the mayoral polls, this paper shall discuss the constitutionality or otherwise of the policy. From the onset, it is imperative to appreciate the paper’s contention that the New York stop, question and frisk policy is unconstitutional and that in that respect the policy is null, void ...

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 ...

Introduction

This submission seeks to analyze the decision in Mapp v. Ohio and bring out the facts of that case, highlighting the similarities and differences in facts between the case and the fact pattern. It will then highlight the rules that the United States Supreme Court developed in deciding Mapp v. Ohio and apply the same to the fact pattern in a bid to arrive at a decision consistent with the legal principle of stare decisis. In the Mapp’s case, police in Ohio got wind of a bombing suspect and an illegal gambling machine that were in Mapp’s house. When ...

Criminal Law

Question 1: The exclusionary rule remains to be relevant in our present legal environment. According to Slogobin (2013, p. 345), the Supreme Court’s decision in the case of Mapp v. Ohio stated that the exclusionary rule is derived from constitutional origin and stays completely undisturbed which means that the Fourth Amendment mandates the suppression of illegally seized evidence in spite of its effect on the police and an efficient means to prevent police misconduct. As an effect, any evidence that is illegally obtained and violates the Fourth Amendment for unreasonable searches and seizure is inadmissible in ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that linked him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements or confessions ...

Equal Employment Opportunity Law (Title VII)

Introduction Protected Classes Covered Entities Initially, the Act had assumed an exclusionary approach only limiting itself to matters within private entities that had 20 or more employees. However, as indicated before, the Act has undergone through a series of amendments. It has since entertained a number of employers drawn from diverse origins. In addition, the Act now covers for employers with as little as 15 or more employees. The spirit in the amendment perhaps is in line with the overriding objective. The mischief the Act intended to address does not merely arise within private employment only. It equally ...

Introduction (Overview)

According to the fact pattern, the case assumes the same character in terms of facts and approach as the case of Mapp v. Ohio. In this case, Detective Quickdraw relying on the information received from the informant Sneaky Pete acts in good in faith and attacks the home of suspected drug dealer Sally Martin. However, contrary to the expectation, the cocaine is not found. Instead the suspect is found in possession of an illegally held handgun and some amount of heroine. The officers press charges for possession of illegal weaponry and heroine contrary to the law. This is despite ...

Introduction

The American Constitution is rich in the protection of the rights and freedoms of the individual. In light of the Justice System in relation to the administration of justice to adults and juveniles, the relevant amendments include the fourth, the fifth and the sixth amendments. This paper shall examine the constitutional safeguards occasioned by these amendments, examine their impacts and their application in juvenile and adult courts. The paper takes the position that the amendments are essential for the protection of the rights of individuals especially in the justice system.

Fourth Amendment and its impact

The Fourth Amendment relates to the search and seizures ...

The Exclusionary Rule is one of the more important rules that is utilized in the American judicial system. The entire American judicial system is designed to protect the individual's rights from the government, and to limit the amount of power that the federal and state governments have over the citizenry. In criminal trials, the individual is considered innocent by the government until proven guilty; this is to protect the individual citizen against unfair or untrue allegations, and to ensure that all citizens receive a fair trial when they are accused of criminal activity. The exclusionary rule or the exclusionary ...

The United States Constitution did not originally have a Bill of Rights, but during the time when the Constitution was being written, the Founding Fathers were very concerned about the potential for individual rights' abuse by the government. Some of the Founding Fathers were against the addition of a Bill of Rights to the Constitution, but eventually, the concern about the government using its power to abuse the rights of citizens won out over the fear of not giving the government enough power (Cuddihy). The first ten amendments to the United States Constitution were added and are now called the Bill ...

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 ...

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 ...

Weeks v United States

In this case, the police entered Weeks apartment are carried out a warrantless search and seized some items. In this arbitrary search, they found out that he was moving raffle tickets through mail. Weeks felt that the police violated his constitutional rights and he decided to petition this action. He demanded that the government return his personal belongings. The big question in this case is that did that search of Weeks’ home and confiscation of his personal items go against the 4th Amendment of the US Constitution? (Kanovitz, 2012) The court approached this matter by solidly admitting that the ...

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 ...

The Exclusionary Rule

“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.” The Fourth Amendment of the U.S. Constitution

The Exclusionary Rule

The United States Supreme Court has interpreted the 4th Amendment to require that law enforcement officers obtain a warrant prior to search, and that said warrant satisfy two conditions (1) probable cause, and (2) particularity. Under the Exclusionary Rule, ...

The Role of Due Process and Crime Control Models on Criminal Procedure

Fourteenth Amendment The Fourteenth Amendment states that: (1) a person who is born or naturalized in the United States is a citizen of the State in which he resides and of the United States, regardless of race, (2) no State has the right to abridge the “privileges and immunities” of any its citizens, (3) no person can be deprived of life, liberty, or property without due process of law, and (4) every person is entitled to equal protection under the laws of the United States Constitution. Therefore, the rights granted and protected under the Bill of Rights are further ...