● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
Police Powers in the Public Services P1 – describe the difference between arrest with and without a warrant M1 – explain the requirements of lawful arrest and detention D1 – evaluate the powers of arrest, detention and search There is a legal right that allows UK citizens to arrest another person. This law is given under Section 24 of the Police and Criminal Evidence Act (PACE), 1984. In order to carry out a citizen’s arrest, there are certain rules that say when you can and cannot make an arrest. If you have suspicions that someone has committed a crime, these suspicions are not enough, no matter how strong they are. You could find yourself getting into trouble with the police if you carry out an arrest that is incorrect.
Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
Double Jeopardy Aissata Sy Kaplan University Double Jeopardy Many of the amendments concern individuals’ right and liberties. Under many of the amendments we as the people are protected from the government. Who know what it would be for us, if the government have all the power to control our lives and they can use power however they like. I think that our founding father did great job with the constitution of the United States, they make sure the power of the government is not over the control. The fifth amendment of the United States constitutions give an individual right from being prosecuted twice for substantially on the crime.
The chain of custody, if done properly, is proof to the court that the evidence in front of them is the same evidence that was collected at the crime scene. “The tagging, labeling and marking of the evidence adds credibility and control to our ability to identifying the item. “ (Byrd) The policy will affect everyone involved in the case. If the chain of custody is broken the suspect may get away with the crime because the evidence had to be thrown out. It would give the law enforcement personnel a bad name or rap because he or she broke the policy.
The arrest of the suspect(s) is a serious step as police believe they have enough evidence for the courts to convict the suspect. When an arrest is made the police must advise the suspect of their Miranda Rights before questioning a suspect can begin as anything a suspect says to the police cannot be used against them and be thrown out of court. When the suspect is brought to the jail they go through an administrative procedure called booking where the suspect is finger printed, personal data is collected and are read and have to sign a statement that they understand their Miranda Rights.
Fault is an essential element of criminal liability. It is a concept in criminal and civil law whereby the defendant is held responsible for doing something wrong. This can be through an act or omission and can be proven through the rules of causation. The implication of being found at fault is a criminal record whose consequences on the defendant personal life are serious. However, there are some types of behaviours such as Strict Liability offences which do not require fault but the defendant is still prosecuted.
It is to be noted that, there is no necessity in a false imprisonment case to prove that a person used physical violence or laid hands on another person. It is sufficient to show that at any time or place the person in any manner deprived another person of his/her liberty without sufficient legal authority. False arrest is sometimes used interchangeably with false imprisonment. False arrest is the unlawful violation of the personal liberty of another consisting of detention without sufficient legal authority. In order to establish a false arrest claim, the person detained must prove that the arrest is unlawful and such unlawful arrest resulted in injury.
First you have the Prosecution. The responsibility of the prosecution is to prove that without a shadow of a doubt that the defendant committed the crime. Im sure there are times that the prosecution does not think the defendant is not guilty but it is there moral right to keep the trial going and prove their case. It has got to be difficult for the prosecution to know that because of the case they have built against a person could decide the rest of their life. Lets get to the Defense.
(Standard of proof. n.d.) In a criminal case the state must prove that the defendant is guilty “beyond a reasonable doubt” and has fulfilled each part of the statutory definition of the crime. An example of a criminal case would be first degree murder, because it contains the three basic elements of a crime: willfulness, deliberation and premeditation. However the standard of proof in a civil case is proven by lower standards of