The Exclusionary Rule
Defendants in criminal trials have one main weapon to prevent their conviction before trial. That weapon is called the Exclusionary Rule. The Exclusionary Rule holds that evidence obtained through a violation of a defendant's constitutional rights is inadmissible at trial. This primarily applies to Fourth Amendment search and seizure. Further, the evidence obtained illegally may make inadmissible other evidence obtained from the original evidence (i.e., the fruit of the poisonous tree doctrine). Therefore, it is important for all judges, lawyers, police officers, and other legal professionals to understand the nuances of this fact-intensive rule.
Review Chapter 3, § 3.1 and 3.2, in your course text, Constitutional Law, and focus on the fundamentals of the Fourth Amendment.
Review Chapter 4 in your course text, Constitutional Law, and focus on the Fourth Amendment and its prohibition of illegal search and seizures.
Consider how the principles of search and seizure would apply in real life scenarios.
Think about whether or not illegal searches and seizures should exist.
Think about whether evidence obtained in an illegal search should or should not be excluded in a trial in which that evidence alone would result in a conviction.
With these thoughts in mind:
Due by Thursday
February 11 , 2016 a 300-400
an argument explaining whether or not illegal searches and seizures should exist. Then, explain whether evidence obtained in an illegal search should or should not be excluded in a trial in which that evidence alone would result in a conviction. Be specific and justify your response.
Support
your work with specific citations from the Learning Resources. You are allowed to draw from additional sources to support your argument, but you must cite using APA standards. All quoted material must be identified, cited, and referenced per APA standards.
.
The Exclusionary Rule Defendants in criminal trials have one m.docx
1. The Exclusionary Rule
Defendants in criminal trials have one main weapon to prevent
their conviction before trial. That weapon is called the
Exclusionary Rule. The Exclusionary Rule holds that evidence
obtained through a violation of a defendant's constitutional
rights is inadmissible at trial. This primarily applies to Fourth
Amendment search and seizure. Further, the evidence obtained
illegally may make inadmissible other evidence obtained from
the original evidence (i.e., the fruit of the poisonous tree
doctrine). Therefore, it is important for all judges, lawyers,
police officers, and other legal professionals to understand the
nuances of this fact-intensive rule.
Review Chapter 3, § 3.1 and 3.2, in your course
text, Constitutional Law, and focus on the fundamentals of the
Fourth Amendment.
Review Chapter 4 in your course text, Constitutional Law, and
focus on the Fourth Amendment and its prohibition of illegal
search and seizures.
Consider how the principles of search and seizure would apply
in real life scenarios.
Think about whether or not illegal searches and seizures should
exist.
2. Think about whether evidence obtained in an illegal search
should or should not be excluded in a trial in which that
evidence alone would result in a conviction.
With these thoughts in mind:
Due by Thursday
February 11 , 2016 a 300-400
an argument explaining whether or not illegal searches and
seizures should exist. Then, explain whether evidence obtained
in an illegal search should or should not be excluded in a trial
in which that evidence alone would result in a conviction. Be
specific and justify your response.
Support
your work with specific citations from the Learning Resources.
You are allowed to draw from additional sources to support
your argument, but you must cite using APA standards. All
quoted material must be identified, cited, and referenced per
APA standards.
