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Alex
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Experience:  BS in Business Administration with a major in MIS. 15+ years experience in software design and development.
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Explain and Examine Common Law Back Ground (200 words) DQ1-

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Explain and Examine Common Law Back Ground (200 words)

DQ1- Jason to Billie-Do you agree that the exclusionary rule is an appropriate way to make
sure government follows the rules? In other words, if we are trying to
seek justice, why would we allow the defendant to benefit from the
mistakes of the police?

DQ!- Jason to Tamara-You explained that the exclusionary rule is derived from the
4th Am to the United States Constitution. However, since
the exclusionary rule deal with–seizure of evidence, only the 4th
amendment would apply. In any event, there is no mention of an
exclusionary rule in the Constitution or the Bill of Rights. The idea
that evidence obtained illegally by the police should not be allowed
in the trial was created by the judicial system and case law. In 2
separate cases, the United States Supreme Court interpreted the 4th
amendment and indicated that if the police seize evidence without
probable cause then that evidence cannot be used in court.
Although we have become accustomed to this rule because it is been
around for 50 years, do you believe that it is a good mechanism to
make sure the police did not break the rules? Give an example to
illustrate your response.

DQ1-Jason to April-You indicated that the exclusionary rule is designed to protect
citizens against illegal searches and seizures by the government. You
also pointed out that the rule only applies in criminal proceedings
and not another types of civil cases.
Since the exclusionary rule only
applies to evidence that is collected by the government, private
individuals cannot violate other individuals' constitutional rights.
The Constitution was designed to protect people from government
therefore, all of the rules contained within the Constitution and the
Bill of Rights regulate government behavior that individual behavior.
In the next case that you mentioned the court determined that if
evidence would eventually be found separate from the Illegal search
that it can be used in court. This, combined with the good-faith
exception that you mentioned is one of the ways that the government
might be able to introduce evidence from a illegal search.
Do you believe that these types of exceptions that you mentioned are
legitimate ones or do you think that the court should take a strict
view of illegal searches and not have such exceptions?

DQ1-Jason-Charlotte-Many people believe the exclusionary rule is a good rule
because it protects people from being violated by the government.
However, we must remember that there are 2 different types of illegal
searches that may occur. One, is the intentional illegal search. This
is what we generally think about when we learned that the police have
conducted an illegal search. Unintentionally legal search is one where
the police realize that what they are doing is illegal but continue to
do anyway. This is less common than the 2nd type of illegal search
which is a accidental or negligent search.
In the 2nd example, the police believed that what they are doing is
legal only later to be told by a judge that the search was not legal.
In this case, the exclusionary rule does not protect citizens from the
illegal search because the police did not know that the search they
were conducting with illegal. We have to remember that searches by the
police do not always fall into a bright line distinction of illegal
versus legal. Facts and circumstances change and what the judge later
determined was an illegal search may have been very innocent in its
inception.
Can you provide an example of how this distinction matters?

DQ1-Jason-Rose-You said that the exclusionary rule is a court made rule that holds any evidence seized by law enforcement in violation of the 4th amendment
inadmissible. The reason that we know that this is a very important
decision is because criminal trials are based entirely on evidence.
Cases are either won or lost based on what evidence is allowed into
the courtroom. Prosecutors argue to allow certain evidence and the
defense argues to exclude. We can see how excluding evidence can
benefit a defendant so much that the prosecutor may drop the case if
evidence is not allowed.
For example, if a police officer arrests a defendant for possession of
cocaine and the evidence is later suppressed by the judge and not
allowed, the case cannot go forward because without the cocaine there
is no case.
When this occurs, you think that it is a example of the criminal
justice system working properly or do you think that it is a example
of the criminal justice system failing? Some people would argue that
if a defendant who is guilty goes free, it is a failure.

DQ1-Jason to me-Please take a look at the case brief at the link. Discuss the consequences
of Williams' statement being suppressed in this murder case and how this suppressed evidence (his testimony) was excluded from trial under the exclusionary rule.

http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-isra
Submitted: 1 year ago.
Category: Homework
Expert:  Alex replied 1 year ago.

Alex :

Looks like 200 words for the first and then responses for the rest? When is it due?

Customer:

yea I need that tonight with two other resposes but those do night need a word count.


 


 

Alex :

No problem...should have it in an hour or so if that works.


 

Customer:

perfect

Alex :

No problem.

Expert:  Alex replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Alex replied 1 year ago.
Let me know when you need the rest:

http://wikisend.com/download/342492/20120908.doc

Thanks
Alex
Customer: replied 1 year ago.


I need the rest later tonight

Customer: replied 1 year ago.

I need refereces for common law potion. ty

Expert:  Alex replied 1 year ago.
Sure, will have it tonight.
Expert:  Alex replied 1 year ago.
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Alex, Engineer
Category: Homework
Satisfied Customers: 2587
Experience: BS in Business Administration with a major in MIS. 15+ years experience in software design and development.
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