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March264thand5thamendmantspolisci412

March264thand5thamendmantspolisci412 - Political Science...

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Political Science 411 Constitutional Law Schweber Lecture March 26, 2009 1) Syllabus Notes 3/26 Exclusionary Rule, Coerced Confessions, and the Harmless Error Rule Readings: * Mapp v. Ohio (1961), 990-98 * Arizona v. Fulminante (1991), 1060-64 * United States v. U.S. District Court (1972) In this session we turn out attention to the rights of criminal suspects and defendants. The interaction between the State and the individual is never more stark than when it takes place in the context of a police investigation or a trial. A long history of governments using their police forces for purposes of harassment and oppression raises the hackles of civil libertarians whenever these issues arise. Similarly, an equally long history of respectable citizens terrorized by crime (London in the 18 th century, New York in the 1960s) gives rise to accusations of soft- headedness from the conservative side of the political spectrum. The discussion of the Exclusionary Rule focuses our attention to the conduct of trials. Watching the police deal with criminals on the streets, one might be forgiven for reaching the conclusion that the two forces are roughly evenly matched. It is only in the courtroom that the true imbalance becomes apparent,
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