The Supreme Court and the Fourth Amendment's Exclusionary Rule PDF Download
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Author: Tracey Maclin
Publisher:
ISBN: 0199795479
Category : Law
Languages : en
Pages : 414
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Book Description
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
Author: Tracey Maclin
Publisher:
ISBN: 0199795479
Category : Law
Languages : en
Pages : 414
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Book Description
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
Author: Stephen C. Thaman
Publisher: Springer Science & Business Media
ISBN: 9400753489
Category : Law
Languages : en
Pages : 461
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Book Description
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387
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Book Description
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Author: Asst Prof Kuo-hsing Hsieh
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472410696
Category : Law
Languages : en
Pages : 265
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Book Description
This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.
Author: Walter P. Signorelli
Publisher:
ISBN: 9781611631029
Category : Exclusionary rule (Evidence)
Languages : en
Pages : 0
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Book Description
The Constable Has Blundered: The Exclusionary Rule, Crime, and Corruption examines and explains how the exclusionary rule undermines the purposes of the criminal justice system, increases crime rates, dispenses unequal justice, and encourages police corruption. Professor Signorelli uses concrete examples and cases to demonstrate the connections between the rule and its problematic consequences. The book explains how unequal treatment of defendants, denial of justice to crime victims, and perjury by police officers to circumvent the rule taint the criminal justice system, and how a tainted justice system spreads ill effects throughout society. This second edition includes a new chapter regarding the exclusionary rule problem in the war on terrorism as manifested by the acquittals of Ghailani in his trial for bombing the US Embassies as well as another new chapter regarding the exclusionary rule in relation to advances in technology that intrude on individual privacy, particularly GPS tracking. Other additions to the new edition include coverage of recent cases from the Roberts court and two new classroom problems in the appendix. "In The Constable Has Blundered, criminal defense attorney and former longtime police officer Signorelli argues that the exclusionary rule should be eliminated, if not significantly curtailed. The author successfully demonstrates troubling inconsistencies in judicial application of the Fourth and Fifth amendments and their harmful effects, most notably corruption, equal protection violations, and justice denied to crime victims. The detailed discussions of the case law--both the legal rules and practical effects--are valuable for students and practitioners alike, particularly the too-often ignored state cases... Summing Up: Recommended." -- CHOICE Magazine (on the first edition)
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Akhil Reed Amar
Publisher: Basic Books
ISBN: 0465096344
Category : Law
Languages : en
Pages : 466
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Book Description
A leading legal scholar addresses the most important constitutional controversies of the past two decades and illuminates the Constitution's spirit and ongoing relevance America's Constitution, Chief Justice John Marshall famously observed in McCulloch v. Maryland, aspires "to endure for ages to come." The daily news has a shorter shelf life, and when the issues of the day involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades and provides a passionate handbook for thinking constitutionally about today's headlines. Amar shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Prioritizing sound constitutional reasoning over partisan preferences, he makes the case for diversity-based affirmative action and a right to have a gun in one's home for self-protection, and against spending caps on independent political advertising and bans on same-sex marriage. He explains what's wrong with presidential dynasties, advocates a "nuclear option" to restore majority rule in the Senate, and suggests ways to reform the Supreme Court. And he revisits three dramatic constitutional conflicts -- the impeachment of Bill Clinton, the contested election of George W. Bush, and the fight over Barack Obama's Affordable Care Act -- to show what politicians, judges, and journalists got right as events unfolded and what they missed. Leading readers through the particular constitutional questions at stake in each episode while outlining his abiding views regarding the Constitution's letter, its spirit, and the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.
Author: Wayne R. LaFave
Publisher:
ISBN:
Category : Searches and seizures
Languages : en
Pages : 0
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Book Description
Author: Kyle M. Lascurettes
Publisher: Oxford University Press
ISBN: 0190068574
Category : Political Science
Languages : en
Pages : 353
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Book Description
When and why do powerful countries seek to enact major changes to international order, the broad set of rules that guide behavior in world politics? This question is particularly important today given the Trump administration's clear disregard for the reigning liberal international order in the United States. Across the globe, there is also uncertainty over what China might seek to replace that order with as it continues to amass power and influence. Together, these developments mean that what motivates great powers to shape and change order will remain at the forefront of debates over the future of world politics. Prior studies have focused on how the origins of international orders have been consensus-driven and inclusive. By contrast, Kyle M. Lascurettes argues in Orders of Exclusion that the propelling motivation for great power order building has typically been exclusionary. Dominant powers pursue fundamental changes to order when they perceive a major new threat on the horizon. Moreover, they do so for the purpose of targeting this perceived threat, be it another powerful state or a foreboding ideological movement. The goal of foundational rule writing in international relations, then, is blocking that threatening entity from amassing further influence, a motive Lascurettes illustrates at work across more than three hundred years of history. Far from falling outside of the bounds of traditional statecraft, order building is the continuation of power politics by other means.
Author: Beth Lew-Williams
Publisher: Harvard University Press
ISBN: 0674976010
Category : History
Languages : en
Pages : 361
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Book Description
Beth Lew-Williams shows how American immigration policies incited violence against Chinese workers, and how that violence provoked new exclusionary policies. Locating the origins of the modern American "alien" in this violent era, she makes clear that the present resurgence of xenophobia builds mightily upon past fears of the "heathen Chinaman."
