The first part of the Eighth Amendment is prohibiting the federal government to issue excessive bail. This means if you are addicted to narcotics you cannot be incarcerated for the addiction you would have to have stolen the drugs or been on illegal drugs to be put in jail. It also means that if you get into a fight and are put in jail your bail will not be unreasonable. I think this
Reason for the Exclusionary Rule The exclusionary rule was created to protect innocent people from being harassed from law enforcement. The exclusionary rule is judge made law and has been around since the beginning of the 1900’s. The Supreme Court ruled that illegal searches conducted by law enforcement officials should not be allowed in court because it was a breach of a person’s fourth amendment. This rule prevents officers from misconduct. Cost and Benefits When determining the cost/benefit analysis to the exclusionary rule, one must take into consideration the outcome.
(Head) The exclusionary rule which prevents illegally seized evidence to be used in court proceedings. These are the bases in which the Fourth Amendments stands for. There are limitations in regards to police power. An officer may search and seize property if the officer personally witnesses the crime being committed. (Head) Powers granted to the federal government and state government both fall under jurisdiction of the Fourth Amendment, considering the Fourth Amendment is a part of the United States Constitution.
It is stated in the Sixth Amendment of the U.S. Constitution, that individuals accused of a criminal act has the right to be represented by an attorney during trial. This was interpreted as, yes, an individual can have an attorney to represent them but it does not apply to those at state level. Then came Powell v. Alabama, 1932 which forced the courts to review this amendment and declared that the states are required to provide counsel when it comes to capital cases. Then came the case of Gideon. He had a right to be represented by a lawyer, but it would have been at his own expense.
The Exclusionary Rule Azrielle D. Washington March 22, 2015 American Public University Criminal Justice Process LSTD 503 The Exclusionary Rule The Exclusionary Rule is a licit rule that is utilized in the United States, when legally expressing that the evidence was not licitly seized by the police and therefore cannot be admitted during criminal trials. This rule was established for the protection of one’s constitutional rights. The Exclusionary Rule is grounded into the Fourth Amendment and it is intended to protection citizens from illicit searches and seizures. The Exclusionary Rule was first established in the 1914, Supreme Court case Weeks v. United States [*]. My purpose for writing this paper is to illustrate the importance of the Exclusionary Rule through explaining how it works and why is important, its evolution throughout history, case law, pros and cons, alternatives to the rule, and what the legal system would look like without the Exclusionary Rule.
This section of Alabama’s act specifically made it criminal for someone to facilitate an illegal immigrant into Alabama upon crossing that state’s border. The federal government demonstrated that Congress has already criminalized the acts of third parties who transport or conceal illegal immigrants across U.S. borders. In doing so, the federal government has established a clear strategy and enforcement agenda that does not allow for state involvement. This difference, however, does not fall in line with the Commerce Clause therefore Judge Blackburn found no evidence of Alabama violating that clause within this specific section. Alabama asserted that their law closely mirrors the federal scheme.
Jordan Maria CJ205 Professor Hanratty January 2015 Exclusionary Rule Exclusionary rule provides that any evidence obtained by the government in violation of the fourth amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt. (Criminal Procedure law and practice. Rolando V Del Carmenpage92) Police officers have a certain amount of power, however; some tend to go over bored. If a police officer enters a property without a proper warrant and finds anything inappropriate, illegal item that does not belong, afterwards takes it to court to prosecute the individual, the “proof” will be considered inadmissible in court. Is it something that is practiced in both federal, and state
The seizure of documents and then using those documents as evidence against someone is a violation of the fourth amendment as well. The fourth amendment protects citizens against these kinds of unlawful searches. “This case was the first application of what eventually became known as the “exclusionary rule” (Weeks V. United States, 2013). The exclusionary rule is a rule of evidence that disallows the use of illegally obtained evidence in criminal trials. Another case that questioned the violation of the fourth amendment was Silverthorne Lumber Co. V. United States.
The 5th amendment explanation Grand Jury Protection: The Fifth Amendment requirement that serious federal criminal charges be started by a grand jury (a group of citizens who hear evidence from a prosecutor about potential crimes) is rooted in English common law. Its basic purpose is to provide a fair method for beginning criminal proceedings against those accused of committing crimes. Grand jury charges can be issued against anyone except members of the military, who are instead subject to courts-martial in the military justice system. To avoid giving government unchecked powers, grand jurors are selected from the general population and their work, conducted in secret, is not hampered by rigid rules about the type of evidence that can be heard. In fact, grand jurors can act on their own knowledge and are free to start criminal proceedings on any information that they think relevant.
Chapter 4 1. Exclusionary rule provides that any evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt. This only pertains to violations of the Fourth Amendment. Any evidence obtained in violation of any of the other constitutional rights is also excludable in a criminal trial; but not under the exclusionary rule. Chapter 5 1.