StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Exclusionary Rule - Assignment Example

Cite this document
Summary
A class 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…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.8% of users find it useful
Exclusionary Rule
Read Text Preview

Extract of sample "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 defendants in this case were the New York’s Department of Social Services Commissioner, and Education Board and its Chancellor, and the Mayor of New York.IssueThe issues being addressed in this case was whether municipalities could be held liable for their policies that are deemed unconstitutional and whether they bore liabilities for their employees actions.ConclusionThe District Court held that the issues that the employees complained of were unconstitutional. The court denied the plaintiffs request for back-pay; it considered that damages of that nature would be untimely from the New York City.

As a result, the court argued that, it would be circumventing the immunity that Monroe v. Pepe conferred on municipalities. It argued that, in Monroe v. Pepe, the court concluded that, it was not the intention of Congress to bring municipalities within the ambit of section 42 U. S. C. 1983.ReferencesMonell, et al. v. Department of Social Services of the City of New York et al. (1978).

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Exclusionary Rule Assignment Example | Topics and Well Written Essays - 250 words”, n.d.)
Exclusionary Rule Assignment Example | Topics and Well Written Essays - 250 words. Retrieved from https://studentshare.org/law/1611565-exclusionary-rule
(Exclusionary Rule Assignment Example | Topics and Well Written Essays - 250 Words)
Exclusionary Rule Assignment Example | Topics and Well Written Essays - 250 Words. https://studentshare.org/law/1611565-exclusionary-rule.
“Exclusionary Rule Assignment Example | Topics and Well Written Essays - 250 Words”, n.d. https://studentshare.org/law/1611565-exclusionary-rule.
  • Cited: 0 times

CHECK THESE SAMPLES OF Exclusionary Rule

Role of Evidence in Civil and Criminal Cases

What is Exclusionary Rule?... The Exclusionary Rule is a principle in law in the United States which comes under the Constitutional law which says that the evidence gathered and analyzed if it violates the constitutional rights of the defendant, it will be inadmissible in a court of law for a criminal prosecution.... Even in the cases where the failure to disclose evidence was not intentional or malafide, the courts have used the rule in a strict manner....
6 Pages (1500 words) Research Paper

How has the exclusionary rule affected policing

Exclusionary Rule and policing Name Institution People have the right to be secure in their houses, papers and effect against irrational searches and seizures shall not be violated in that search warrants may be issued upon probable cause supported by affirmation or oath, and specifically describing the place or area to be searched and the property or person to be seized (Clancy 2008).... Exclusionary Rule is a lawful principle in the United State under the law of the constitution....
5 Pages (1250 words) Research Paper

Applicability of Exclusionary Rule

Fourth Amendment was… It protects citizens against unreasonable searches and seizures. The Exclusionary Rule was framed by Judges of Supreme Court of US in 1914 (Weeks v.... In fact, the Exclusionary Rule was found to be necessary to protect the rights guaranteed to Citizens under Fourth Amendment.... The Exclusionary Rule is a legal principle holding that evidence/ witness collected or analyzed which is against U.... After this case, the Exclusionary Rule was also held to be binding on the states through the Fourteenth Amendment, which guarantees due process....
5 Pages (1250 words) Essay

Mapp v. Ohio case: exclusionary rule

Under constitutional law the Exclusionary Rule was brought into effect in this case.... Prior to Mapp's trial the Exclusionary Rule was not enforced in all states.... The judge would not question the seizure of the evidence especially if it was in a state that did not have the Exclusionary Rule.... This rule which stems from the Fifth Amendment states that no object may be used in court if obtained illegally or without a proper search warrant....
2 Pages (500 words) Essay

THE EXCLUSIONARY RULE

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… titutional 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)....
4 Pages (1000 words) Essay

Weeks v. United States

The Exclusionary Rule is designed to protect citizens from being abused by government officials by way of removing the motivation for unlawful search and seizure of personal property.... Weeks had been convicted of a crime due to evidence that had been The Case against the Exclusionary Rule The Case Against the Exclusionary Rule The Exclusionary Rule is designed to protect citizens from being abused by government officials by way of removing the motivation for unlawful search and seizure of personal property....
2 Pages (500 words) Essay

Exclusionary Rule and Its Role within Criminal Procedure

This paper "Exclusionary Rule and Its Role within Criminal Procedure" focuses on the fact that the “Exclusionary Rule” is a result of the fourth amendment in the constitution of the US.... nbsp;  It has been a high priority for these conservatives to abolish the Exclusionary Rule.... The Exclusionary Rule is very effective for preserving the integrity of the warrant-issuing process.... he Exclusionary Rule holds on all the people of the United States of America, whether they are residents, non-residents or just visitors....
8 Pages (2000 words) Research Paper

The Exclusionary Rule

The author of the paper "The Exclusionary Rule" will begin with the statement that Kelsey Boylan is spot on the Exclusionary Rule.... The suppression rule seems to be the only solution to the exclusion rule.... The suppression rule also advocates for justice no matter the consequence.... Restorative justice is cumbersome compared to the suppression rule....
1 Pages (250 words) Assignment
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.
Contact Us