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  • North Carolina Rules Of Evidence
    1,403 words
    Evidence Role in the Criminal Justice System I. Introduction Evidence is the key element in determining the guilt or innocence of those accused of the crimes against society in a criminal court of law. But in order to understand magnitude and necessity of evidence as a it relates to the criminal justice system one must know what are the five (5) key issues and or points regarding evidence. The first is what truly is evidence is it written documentation, is it expert testimony, is it hearsay (ora...
  • Objection To The Exclusionary Rule
    2,178 words
    The proposition that the exclusionary rule should be abolished is absolutely preposterous. In fact, there are few rules that are as useful in protecting the rights of the general public. Unfortunately, there are many who believe, for a number of reasons, that the exclusionary rule does more harm than good, and that American society suffers needlessly for the sake of protecting the rights of those who violate its laws. Opponents of the exclusionary rule perceive its gains to be dubious; its costs...
  • Trash Searches
    763 words
    On May 16, 1988, the Supreme Court ruled that police officers, without a warrant, have the right to inspect curbside rubbish for evidence. "Justice Byron R. White's opinion for the majority said the privacy of garbage bags left outside the home and its immediate surroundings is not protected by the Fourth Amendment because people have no 'subjective expectation of privacy' in their garbage 'that society accepts as objectively reasonable' " (Taylor 559-560). The Supreme Court's ruling on curbside...
  • Court's Articulation Of The Exclusionary Rule
    2,470 words
    The Exclusionary Rule The Effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their own power and authority, under limitations and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers and effects against all unreasonable searches and seizures under the guise of law (Ronald 605). The Constitution does not tolerate warrantless, therefore illegal, police searches and ...
  • Exclusionary Rule In Effect
    880 words
    In 1914, during the Supreme Court case Weeks versus the United States, the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have ...
  • Search Warrant
    1,173 words
    4th Amendment In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online) The Fourth Amendment states, "The right of the people to be secu...
  • Supreme Court Articulation Of The Exclusionary Rule
    2,027 words
    The Constitution of the United States was designed to protect citizens' civil rights from infringement by the government and law enforcement agencies. The Constitution guarantees that the civil liberties of the people of this country shall be respected and upheld. That fact is often considered to be common knowledge and taken for granted by the vast majority of the population. However it was not always that way. American legislation is constantly growing and developing. New rules and practices a...
  • Hearsay Evidence In Court
    2,834 words
    In Myers vs. DPP [1965] the accused faced several charges of receiving stolen cars. The prosecution case was that wrecked cars and their log books had been bought at a very low price and then cars of the same type had been stolen, passed off and sold as the legitimately bought cars. The prosecution were allowed to establish that the cars were stolen by calling employees of the car manufacturers, and these witnesses produced microfilm records (photographs of the written record compiled by anonymo...

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