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The Exclusionary Rule

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  • For community policing to be successful, and crime reduction efforts to be effective, citizens must have trust in the police. The trust element has to be earned by actions, not just words. In evaluating evidence and making credibility determinations, the decision maker should consider all relevant factors. The exclusionary rule is a method of incentive to do so. The rule promotes accountability and education for police officers. This presentation will familiarize law enforcement officers with the Exclusionary Rule because the success or failure of criminal prosecutions sometimes depends on it.
  • Transcript

    • 1. The Exclusionary Rule
      • Babette Burdin
      • ADJ 275 Criminal Procedures
      • Axia of University of Phoenix
      • Prof. Gregg Herchek
      • November 9, 2008
    • 2. What is it, What does it do and How does it apply?
    • 3. The rule's impact on criminal cases
      • 3000 Criminal Cases
      • motions to suppress evidence granted 1.3% of the time
      • 50% were convicted anyway
    • 4. Exceptions to the Rule
      • Independent Source Doctrine
      • Discovery Doctrine
      • Segura and Colon v U.S in 1984.
      • Nix vs. Williams, in 1984
    • 5. Exceptions to the Rule cont.
      • Good Faith Doctrine
      • Purge Taint Doctrine
      • U.S. vs. Leon and Mass. vs. Sheppard
      • Wong Sun v. United States
    • 6. For and Against
    • 7. Alternatives
      • An independent review board in the executive branch .
      • A civil tort action against the government .
      • A hearing separate from the main criminal trial but before the same judge or jury .
      • Adoption of an expanded good faith exception .
      • Adoption of the British system.
    • 8. Summary
    • 9. References
      • Cengage Learning (2008) Great Debates: The Exclusionary Rule. In Cengage Learning, Inc Retrieved November 9, 2008 from: http://wadsworth.com/criminaljustice_d/special_features/ext/debates /ex_rules.html
      • Cooke (2002). Evaluation of the exclusionary rule. In Essortment Home Retrieved November 4, 2008 from: http://www.essortment.com/all/exclusionaryrul_rmlx.htm
      • Cornell University Law School (2008). New York Court of Appeals, The People, & C., Appellant, v. Leonardo Turriago Respondent. In Cornell University Law School Legal Information Institute Retrieved November 4, 2008 from: http://www.law.cornell.edu/nyctap/I97_0081.htm
    • 10. References cont.
      • Del Carmen, R. V. (2004). Criminal procedures: Law and practice (6th ed.). Belmont, CA: Wadsworth/Thomson Learning.
      • Dunn R.B. (1982). "The ""Exclusionary Rule"": Time for Reform". In The Heritage Foundation, Leadership for America Retrieved November 9, 2008 from: http://www.heritage.org/Research/LegalIssues/bg198.cfm
      • Findlaw (2008). Enforcing the Fourth Amendment: The Exclusionary Rule. In Findlaw for Legal Professionals. Retrieved November 4, 2008 from: http://caselaw.lp.findlaw.com/data/constitution/amendment04/06.html