Nobody downloaded yet

Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations - Research Paper Example

Comments (0) Cite this document
Summary
The paper "Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations" discusses that the Ruling in the Weeks case was adopted by several states in acting against violations such as prohibition that was enacted by adopting the 18th Amendment…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations
Read TextPreview

Extract of sample "Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations"

Download file to see previous pages The authority has permitted the Supreme Court to review in terms of affirming or overturning rulings of lower tribunals and courts. The power of judicial review was first exercised by the Supreme Court in the case titled Marbury v. Madison in 1803 and this power is granted vide Article III, sections 1 and 2 of the Constitution (Urofsky, 2001). Main Body The process by which the Supreme Court makes reviews of cases has changed considerably over time. Currently, there are a number of ways in which cases are put up before the Supreme Court. A writ of certiorari petition can be made by parties to the case that has been ruled by a US court of appeals or by writ of certiorari in regard to decisions taken by any state court following rejection of all state appeals. The appeal must imply an issue of federal, statutory or constitutional law. The Supreme Court can also make a review of cases by petition for certiorari prior to judgment so that cases can be expedited that is pending before the appellate courts. Cases can also be put up by appeal in the context of decisions of district courts in the US that relate to redistricting of state or Congressional legislative districts (Epstein, 1995). The Constitution empowers Congress to create bills that can become law only after they are signed by the President. The President has veto powers granted by the Constitution empowering him to keep a check on the power used by the Congress. However, such veto can be overridden if Congress musters a 2/3rd majority, which proves to be a check on the authority of the President. The Supreme makes an evaluation of the constitutional validity of the law when a person is impacted directly by such law in terms of personal damage (Stuntz, 1997).  ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Government Law Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/law/1430148-government
(Government Law Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/law/1430148-government.
“Government Law Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1430148-government.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations

Palm Islands as Eighth Wonder of the World

4 Pages(1000 words)Essay

Search and Seizure

.... The police have the power to search and seize, but individuals are protected against Arbitrary, unreasonable police intrusions.” (http://legal-dictionary.thefreedictionary.com, 2011) The provisions under the search and seizure law are not uniform across countries. For example, some countries allow citizens the right to be free from what they deem to be “unreasonable search and seizure”. Often this right is derived from broader rights to individual privacy. In most cases of ‘search and seizure’, the police officers are required to possess a valid search warrant before they commence their...
3 Pages(750 words)Essay

Exclusionary Rule Evaluation

...? Exclusionary Rule Exclusionary rule is controversial at some point as it could be substantially explained in detail based on the issue about crime control and due process models. In this paper, the proponent tries to include the rationale and the purpose of Exclusionary Rule, including its costs and benefits and alternative remedies. The proponent’s stand on this issue is also included. Keywords: Exclusionary rule, searches, seizures Rationale and purpose of Exclusionary Rule Exclusionary Rule prevents...
3 Pages(750 words)Essay

Search and Seizure

...? Search and Seizure Introduction Search and seizure law has been one of the hallmarks of the United States’ criminal justice system. This paper defines search, seizure, arrest, and reasonableness as regards the criminal justice system. It also looks into the concept of ‘Stop and Frisk,’ automobile search rules, border and regulatory searches; and examines the way in which searches, seizures, arrest, and reasonableness affect privacy. According to the Supreme Court, searches refer to law enforcement officers’ acts that infringe on...
3 Pages(750 words)Admission/Application Essay

Exclusionary rule

...for a criminal prosecution in a court of law. Exclusionary rule can be seen as prophylactic Rule formulated by the judiciary in order to protect a constitutional right of person. It also desires to provide a remedy and disincentive short of criminal prosecution, for prosecutors and the police who illegally gather evidence in violation of the fourth and fifth amendments in the Bill of Right. It was applied in 1955 in California supreme court in a case between people V. Cahan, so by almost 1960, 22 sates in USA adopted the rule, this are califormia, Delaware, Frorida, Idaho, Illinois, Indiana, Kentucky, Mississippi,...
2 Pages(500 words)Essay

THE EXCLUSIONARY RULE

...Understanding the Nature Of The Exclusionary Law And How It Is Applied In Cases In Relation To The Constitutional Rights of The Accused The exclusionary rule protects the accused in a criminal case against possible violations of the rights of the accused and is applicable to all people that are accused of any criminal offense and are brought to the court within the United States territory (Berg, 2008). Under constitutional in the United States, the exclusionary rule holds that evidences gathered in violation of the Fourth, the Fifth and the Sixth amendments may not be admitted in court (Berg, 2008). Under the Fourth...
4 Pages(1000 words)Essay

Search and Seizure

.... In addition, the judge could rely on the anonymous letter, which had been corroborated in major part by the police officers efforts. Exclusionary rule is a rule that prevents information and evidences in bad faith and in illegal police investigation to be presented in trail. This rule was developed by the U.S. Supreme Court to avoid the police from violating the Fourth Amendment which is to be free from unreasonable searches and seizures. The Fruit of the Poisonous Tree is a doctrine of evidences that is acquired through illegal action; this is similar to exclusionary...
5 Pages(1250 words)Term Paper

Exclusionary Rule Evaluation

...of constitutional rights of citizens, if they try to collect evidence illegally. Through these alternatives, court of law will be able to protect constitutional rights of citizens, as well as important evidence of criminal trial so that proper judgment could be done, especially in cases of criminals. References: Exclusionary Rule. (n.d). In Encyclopedia Britannica online. Retrieved from http://www.britannica.com/EBchecked/topic/197828/exclusionary-rule. Shestokas, D. J. (2008) The Exclusionary rule in US criminal trial: Protections from warrantless search and...
3 Pages(750 words)Essay

Exclusionary Rule

...EXCLUSIONARY RULE Exclusionary Rule Case Brief: Monell v. New York Department of Social Services, 436 U.S. 658 (1978) Facts Aclass of female employees in the New York’s Department of Social Services and Education Board, in July 1971, complained that the Department and the Board, as a matter or of official policy, had compelled pregnant female employees to go for unpaid leave of absence before the leaves were need as a result because of medical reasons. Under the 42 U.S.C. 1983, the employees sought back-pay and injunctive relief for being unlawfully forced to take unpaid leave (“Monell, et al. v. Department of Social Services of the City of New York et al.,” 1978). The...
1 Pages(250 words)Assignment

Exclusionary Rule

...Exclusionary Rule Exclusionary Rule This rule prevents agents of the law from conducting arbitrary searches on individuals even if they are suspected of engaging in illegal activities. The search and seizure protocols used by law enforcement agencies may at times be guided by the exclusionary rule. It is a citizen’s constitutional right to be protected against such illegal searches, and it is all under the Fourth Amendment that this is possible. This principle works towards guaranteeing that any proof attained in breach of a person’s constitutional guarantee shall not be tolerable in any courts. This aims to safeguard people from being prosecuted if at all the due process of evidence collection was not followed. It is also true... that the...
4 Pages(1000 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations for FREE!

Contact Us