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The Good Faith Exception to the Exclusionary Rule, 2006.
An analysis of "United States v. Leon", and "State of Connecticut v. Michael Joseph Marsala".
3,683 words (approx. 14.7 pages), 2 sources, MLA, £ 73.95
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Abstract
This paper analyzes the "good faith exception" to the exclusionary rule as addressed by Federal and Connecticut governments under the American system of dual constitutionalism. It examines the Leon and Marsala cases and focuses on how both courts presiding over similar cases, using similar laws and historical analysis ended up with contradicting rulings. This paper goes deeply into the rationale of both courts, the specific language that they used (from their individual constitutions), the historical analysis taken by both courts to determine the meaning of the language they were interpreting and the major criticism that followed the Supreme Court because of their ruling in Leon.
From the Paper
"As in Leon, State of Connecticut v. Michael Joseph Marsala, deals with an appeal that requests the court to address whether a good faith exception to the Exclusionary Rule exists under their State Constitution. Marsala was convicted of two counts of violating state dependency producing law, General Statutes Section 21a-278(b). The Appellate Court affirmed Marsala's conviction in State v. Marsala, 19 Conn. App. 478, 563 A.2d 730 (1989). At trial, Marsala filed a motion to suppress the evidence seized from both his person and his home and the court found in his favor with regards to the latter claim but upheld the evidence seized from his person. "
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The Exclusionary Rule, 2004.
This paper examines the evolution and evaluation of the exclusionary rule from its origins in the 1789 Virginia Bill of Rights to the modern landmark case of Mapp v. Ohio.
3,760 words (approx. 15.0 pages), 13 sources, MLA, £ 73.95
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Abstract
This paper explains that the exclusionary rule falls under the province of the Fourth Amendment of the Constitution, which protects citizens against unreasonable searches and seizures from agents of the state; and upon which the Supreme Court ruled in 1914 that any evidence obtained in unlawfully or illegally was inadmissible as evidence during a trial. The author reviews important cases that have shaped the scope and spirit of the exclusionary rule, such as Leon v. United States and Vernonia v. Acton. The paper studies criticisms against the exclusionary rule, including arguments that by letting criminals get their cases dismissed on technicalities, the exclusionary rule subverts the justice system.
Table of Contents
Definitions of the Exclusionary Rule
History of the Exclusionary Rule
Boyd v. United States
Weeks v. United States
Wolf v. Colorado
Mapp v. Ohio
Exclusions to the Exclusionary Rule
Criticisms of the Exclusionary Rule
Arguments in Defense of the Exclusionary Rule
Alternatives to the Exclusionary rule
Conclusion
From the Paper
"One of Madison?s proposals was based on the Virginia law against general search warrants. Thus, the proposed Bill of Rights included a provision to guarantee citizens protection against unreasonable searchers and seizures, a provision that eventually formed the foundation for the Fourth Amendment. Furthermore, Madison also pushed for a clause protecting people from becoming witnesses against themselves. Madison and his supporters were concerned over previous practices in Church tribunals, where confessions extracted through torture were then used against a defendant in Court. This clause in turn formed the basis of the modern Constitution?s Fifth Amendment."
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The Exclusionary Rule, 2005.
This paper is about the exclusionary rule and how it protects the fourth amendment of the American constitution.
2,453 words (approx. 9.8 pages), 10 sources, MLA, £ 53.95
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Abstract
This paper takes an in-depth look at the exclusionary rule which states that any evidence that had been seized in violation of a person's fourth amendment right would be held inadmissible in any court . The paper begins with a historical look at the rule right up to the present day. It includes examples of nine United States Supreme Court cases that have made the exclusionary rule what it is today. The paper also includes information about the required procedures for initiating the exclusionary rule in court. Lastly, it includes the four main identifiable exceptions to the rule.
From the Paper
"When the Court made this rule, they made it so that it only applied to federal officers as well as only federal criminal prosecutions. The problem with this decision is that it did not include State or Local officers and Courts; it only took into account federal officers and federal courts. Local and state officials were still able to seize items without going through the warrant requirement, and thereby bypassing our fourth amendment right altogether and the evidence would still be admissible. Also, local and state officials were illegally seizing items and turning them over to the federal police, who in turn were able to use the items in Court because they had not directly seized them; this act was known as the "Silver Platter" Doctrine."
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Exclusionary Rule, 2004.
Discusses the negative impact that the exclusionary rule has had on the American justice system.
1,412 words (approx. 5.6 pages), 7 sources, MLA, £ 33.95
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Abstract
This paper explains the reasons for the origin of the exclusionary rule and then looks at how this rule has led to the abuse of the Fourth and Fifth Amendments of the U.S. Constitution. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals.
From the Paper
"Our nation?s judicial system was designed in order to protect the rights of every person from being trampled on by a legal steamroller, or a judicial juggernaut focused on seeking it?s own will, rather than dispensing fair, and well deliberated justice. The Framers of the constitution had existed for years under the tyrannical and sometimes whimsical rule of King George, and wanted to safeguard the rights of the citizens involved in legal disputes. However, in recent times, the rights of citizens have bled over, and colored the proceeding by creating rights for guilty criminals. In these cases the laws have made it more difficult to secure judgments against those guilty of criminal activity."
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The Exclusionary Rule, 2008.
This paper discusses the exclusionary rule and argues that it helps guarantee the respect and observance of constitutional protections.
2,131 words (approx. 8.5 pages), 4 sources, APA, £ 47.95
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Abstract
In this article, the writer notes that the Fourth Amendment of the Constitution guarantees Americans the right to freedom from unreasonable searches. The writer then points out that while the Constitution does guarantee the right to privacy, it does not provide a means to ensure and protect this right or suggest remedies for when that right has been violated; determining how to apply the Fourth Amendment has been left to the responsibility of legislatures, who have largely ignored the issues, and the courts. Over time, the Supreme Court has interpreted the Fourth Amendment to require the exclusion of material seized in violation of the Fourth Amendment. The resulting legal principle is called the exclusionary rule. The writer discusses that the exclusionary rule has been expanded to require the exclusion of evidence obtained in violation of the Fifth and Sixth Amendments, as well.
From the Paper
" The exclusionary rule is aimed at preventing violations of a person's constitutional rights, especially the rights guaranteed to people under the Fourth Amendment, and, to a lesser extent, under the Fifth and Sixth Amendments. Therefore, the exclusionary rule prohibits the admission of evidence collected in violation of a defendant's constitutional rights, in a criminal prosecution. However, it does not exclude this illegally obtained evidence in a subsequent civil procedure. The exclusionary rule applies to evidence seized as a direct result of an illegal search or seizure. In addition, the exclusionary rule sometimes bars the admission of evidence obtained in violation of any of a defendant's constitutional rights, not simply in violation of a defendant's Fourth Amendment rights. Furthermore, the exclusionary rule also applies to evidence that was discovered as a result of an illegal action, even if that evidence was discovered in a legal manner. That type of evidence is referred to as the fruit of the poisonous tree."
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Exclusionary Rule, 2007.
Description of exclusionary laws in the US Constitution which forbid certain types of evidence to be presented in court.
3,329 words (approx. 13.3 pages), 21 sources, APA, £ 68.95
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Abstract
This paper explores the role of the exclusionary rule in the US legal system. The writer first defines exclusionary rules as a set of guidelines which dictate that evidence and or admissions of guilt obtained illegally will be excluded from being heard in criminal trials. Next, historical controversies involving this set of rules are discussed. Also examined is the manner in which law enforcement is affected by the exclusionary rule. The author also considers the need to seek a balance between collecting evidence yet protecting the individual's Constitutional rights. Finally, the author proposes changes for the exclusionary rule, which may include compensation when rights are violated.
Outline
Introduction
Controversy and History of the Exclusionary Rule
Law Enforcement Effects
Protecting Good Faith Exemptions
Is it Time for Change?
References
From the Paper
"The exclusionary law or laws, more appropriately, then go on to provide a set of rules that dictate that evidence and or admissions of guilt obtained illegally will be excluded from being heard in criminal trials. What this quite often amounts to is that criminals who are guilty can go free, if the evidence needed to convict them is tainted in some manner, having been acquired illegally, with certain exceptions, though many argue the exceptions and rules are unclear and are in constant need of redress by the courts. (Chun 2000:799) (Holland 2000:1107)"
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Exclusionary Rule Alternatives, 1997.
Discusses the various court cases that make up the body of the "exclusionary rule," as well as its alternatives and extensions.
2,925 words (approx. 11.7 pages), 11 sources, £ 73.95
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From the Paper
"Exclusionary Rule Alternatives
Introduction
Constructed in revolutionary times, the American system of Federal government seeks to balance the guarantees of personal freedoms against the rights of ownership, personal property, and the rights of privacy. Within the context of police actions where a search of personal property is being carried out, ostensibly under the authority of a warrant or with reasonable suspicion in mind, difficulties have arisen over defining the parameters of a legal search. The question of relational economic loss has also been difficult to answer.
Relational economic loss occurs when a person suffers financial loss as a result of damage to the property of another person. As such, it forms a subset of the law of general ..."
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Mapp vs Ohio, the Exclusionary Rule, 2002.
This paper tells of key precedents leading up to Mapp vs. Ohio, the actual decision and key consequences of the decision.
7,000 words (approx. 28.0 pages), 18 sources, MLA, £ 112.95
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Abstract
The paper covers many famous court case which deal with the exclusionary rule and how they relate to the fourth and fifth amendments in the Constitution. The exclusionary rule applies to the waiver of production of evidence that may incriminate someone. If the evidence is regarding defrauding, this evidence is excluded from this rule.
From the Paper
"Injustices occur every day in the eyes of citizens that are law abiding. The due process clause of the Constitution sometimes allows people who have committed crimes to be freed based on technicalities. These technicalities can also usually be called mistakes on the part of criminal justice personnel. Someone who has dedicated his or her life to protecting truth and justice made a mistake, knowingly or unknowingly and thus society pays the price. Allowing a criminal to go free never seems to be the just thing to do. However, considering it was a provision of the Constitution it is the right thing to do purely based on the fact the Constitution was created to protect the rights of citizens, good or bad."
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Exclusionary Rule, 1995.
Examines history, applications, Constitutional basis and exceptions to the rule protecting citizens from unreasonable search.
1,800 words (approx. 7.2 pages), 27 sources, £ 45.95
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From the Paper
"The Exclusionary Rule
This paper will discuss the history and application of the exclusionary rule as it has been applied to searches. The first part of the paper will describe the Fourth Amendment protection against unreasonable searches and seizures, as well as the purpose and goals of the exclusionary rule. The second part will discuss the evolution of the exclusionary rule. The third part will examine the exceptions to the exclusionary rule.
The application of the exclusionary rule to evidence seized during searches was developed over time as a "remedy" for unreasonable searches and seizures by the government. The Fourth Amendment contains the prohibition against unreasonable searches and seizures and the exclusionary rule generally requires the exclusion from trial of any evidence seized in violation of the Fourth Amendment."
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Taking Exception to Exceptionalism, 2002.
This paper defines and analyzes the term "exceptionalism" as it applies to the American government.
1,041 words (approx. 4.2 pages), 4 sources, MLA, £ 25.95
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Abstract
The paper argues that the Supreme Court, which is supposed to be the last refuge and protector of those Americans who are ?different?, has actually failed the American people in the past. The writer brings examples of court cases in which minorities or outsiders did not receive fair treatment. The paper finally suggests that the theory of exceptionalism should be modified to better serve the American public.
From the Paper
"The Scottsboro trials, more than any other event, crystallized black support for the radical political movements. The facts of the case are these. In Alabama, nine young men ranging from 13 to 21 were accused of raping two white women (Ruby Bates and Victoria Price) on a freight train near Paint Rock, Alabama. hose arrested and accused were Charlie Weems, Ozie Powell, Clarence Norris, Olen Montgomery, Willie Roberson, Haywood Patterson, Andy and Roy Wright, Eugene Williams (Goodman, 1995). They were tried without adequate counsel and hastily convicted on the basis of shallow evidence. All but Roy Wright were sentenced to death."
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St. Francis's Rule and St. Benedict's Rule, 2004.
A comparison and analysis of these two Christian rules, which explain how one should live one's life.
1,459 words (approx. 5.8 pages), 2 sources, MLA, £ 34.95
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Abstract
Both the Rule of St. Francis and the Rule of St. Benedict pertain to how to live a life in chastity and how to live a life with God. The major rules of both focus on the foundations of a life in being a God?s servant, particularly the apostolic way of life and that of belonging in a monastery. This paper explores these two rules and compares their major points.
From the Paper
"Though both rules focuses on the same principles of putting God in everything and that everything must be subservient to God, they however generally differ in the characteristics that they were implemented. St. Francis?s rules were highly set in terms of practice. Their implementation were more of severity in character especially on matters regarding appropriating temporal things to one?s self."
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Racial Exclusionary Laws, 2008.
An overview of the evolution of the racial exclusion laws.
1,302 words (approx. 5.2 pages), 5 sources, APA, £ 30.95
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Abstract
This paper presents a detailed examination of the evolution of the racial exclusion laws. The paper discusses and explores the Jim Crow laws and the Chinese Exclusion Act and examines their similarities and differences.
Outline:
The Evolution of Exclusionary Laws
My Opinion
From the Paper
" Jim Crow laws were enacted to continue the separate but equal beliefs of the politicians with regard to treatment of African Americans. According to those who supported the Jim Crow laws, as long as there were separate but equal accommodations for Blacks and Whites the constitution was being obeyed. Trains had cars for Whites and different cars for Blacks. There were White water fountains in public buildings and water fountains that only Blacks could use. "
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Exclusionary Zoning, 2001.
History and background. Impact of urban development. Zoning ordinances, discrimination, judicial decisions.
4,050 words (approx. 16.2 pages), 16 sources, £ 96.95
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From the Paper
"The urban neighborhoods of America?s major cities are deteriorating, trapping city residents in a cycle of poverty as jobs disappear and housing stock decays. In contrast, affluent suburbs are sprawling outward from the central cities, leading to the creation and maintenance of exclusionary enclaves in which predominately white, middle- to upper-middle class (and beyond) professionals are concentrated (State-sponsored growth..., 1127). In order to maintain homogeneity in such residential communities, zoning ordinances have been used which forbid multiple-family housing and require single-family housing to meet high minimum square footage requirements. By enacting..."
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Exclusionary Zoning, 2000.
The legal and historical analysis of the purposes and constititional effects of zoning practices since the early 20th century. Includes examples, definitions, property rights, individual vs. state power, police aspects, housing and more.
8,325 words (approx. 33.3 pages), 10 sources, £ 96.95
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From the Paper
"Exclusionary Zoning
This law review article discusses the constitutional law aspects and effects of exclusionary zoning during the period leading up to and including the Supreme Court's decision in Village of Euclid, Ohio v. Ambler Realty Co. 272 U.S. 365 (1926) and subsequently. Although from their inception, an important purpose and effect of the zoning involved in Euclid and other pre-World War II city and suburban zoning ordinances and regulations was economic or de facto segregation along class, ethnic and racial lines, federal and case law decisions were not based on a segregation rationale; rather, they followed an elaborate common law and later welfare state jurisprudence which were rooted in balancing private property rights and the police powers of local government in the federal system. However, while..."
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