The Miranda rights summarize all the rights that protect citizens during police arrests and interrogation.
Rules of evidence
stipulate the requirements for introducing evidence and define the qualifications of an expert witness and the nature of the testimony he or she may give.
What is the exclusionary rule?
The exclusionary rule
prevents the government from using most evidence gathered in violation of the United States Constitution
. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
Which amendment requires that evidence must be obtained by police?
Definition. Probable cause is a requirement found in
the Fourth Amendment
that must usually be met before police make an arrest, conduct a search, or receive a warrant.
Which US Supreme Court case requires all states to apply the exclusionary rule?
In reversing the conviction, the Supreme Court effectively created the exclusionary rule. Then, in 1961, the U.S. Supreme Court made the exclusionary rule applicable to the states with its decision in
Mapp v. Ohio
.
What results in evidence being declared inadmissible in court?
There are two basic factors that are considered when determining whether evidence is admissible or not: Relevant – The evidence must prove or disprove an important fact in the criminal case. If the evidence doesn't relate to a particular fact, it is
considered “irreelvant
” and is therefore inadmissible.
What are the pros and cons of the exclusionary rule?
- It requires the lawmakers to follow the law. …
- It requires probable cause. …
- It limits the power of the government. …
- It assumes innocence before guilt. …
- It reduces the risks of manufactured evidence. …
- It is a rule that has no effect on the innocent.
What are some examples of the exclusionary rule?
For example, if a defendant is arrested illegally,
the government may not use fingerprints taken while the defendant was in custody as evidence
. Because police would not have obtained the fingerprints without the illegal arrest, the prints are “fruit of the poison tree.”
Who decides if evidence was legally obtained?
Judge
decides if evidence was legally obtained.
What are 3 exceptions to the exclusionary rule?
Three exceptions to the exclusionary rule are “
attenuation of the taint
,” “independent source,” and “inevitable discovery.”
How does the 4th Amendment restrict law enforcement?
According to the Fourth Amendment, the people have a right “
to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures
.” This right limits the power of the police to seize and search people, their property, and their homes.
What must be filed in order for the US Supreme Court to review a case?
Writs of Certiorari
Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari.
What evidence Cannot be used in court?
Evidence that can not be presented to the jury or decision maker for any of a variety of reasons:
it was improperly obtained
, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.
What are the 4 types of evidence?
- Real Evidence. Real evidence is also known as physical evidence and includes fingerprints, bullet casings, a knife, DNA samples – things that a jury can see and touch. …
- Demonstrative Evidence. …
- Documentary Evidence. …
- Witness Testimony.
What evidence is not admissible?
The evidence must prove or disprove an important fact in the criminal case.
If the evidence doesn't relate to a particular fact
, it is considered “irrelevant” and is therefore inadmissible and is also not permissible in Court.
What are the negative consequences of having an exclusionary rule?
Further, the consequence of the exclusion of evidence is that
some guilty defendants will go free
. Therefore, the social cost of excluding the evidence outweighs the Fourth Amendment considerations when the police conduct a search based on a facially-valid warrant.
What is an alternative to the exclusionary rule?
Three viable alternatives to the exclusionary rule would be
a system under which the executive branch disciplines its own people
, the creation of a civil tort remedy for victims of searches and seizures, and trials of police officers who are alleged to have made illegal searches.
