Exclusionary Rule

Exclusionary Rule - Exc lus io nary Rule Chapter 20.2...

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Exclus ionary Rule Chapter 20.2
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Rights of the accused The heart of the guarantee against unreasonable searches and seizures and self incrimination lies in this question: “if evidence is gathered illegally can this ‘tainted evidence’ be used in court?
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Rights of the accused If the evidence could still be used, what incentives exist for the government to comply with the Constitution If the evidence can’t be used, criminals will get away with crimes that the government knows they are guilty of
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The Exclusionary Rule The Exclusionary Rule says that evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized.
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Weeks v. United S tates (1914) In this narcotics case, the Court held that evidence obtained illegally by federal officers could not be used in the federal courts. For more than four decades, however, the Court left questions of the use of such evidence in State courts for each State to decide for itself.
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Mapp v. Ohio (1961)
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This note was uploaded on 11/27/2011 for the course HISTORY 103 taught by Professor Livingston during the Fall '08 term at Rutgers.

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Exclusionary Rule - Exc lus io nary Rule Chapter 20.2...

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